S.Irfan v. Barkath
Case brief
What is this about?
The High Court dismissed the plea to quash criminal proceedings under the Negotiable Instruments Act, holding factual grounds require trial. It directed the lower court to complete the trial within six months on a day-to-day basis, referencing Supreme Court guidelines.
What did the court decide?
Proceedings were not quashed; the lower court was directed to complete the trial within six months on a day-to-day basis.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.03.2021
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
CRL.O.P No.5953 of 2021
and
Crl.M.P Nos. 3846 & 3847 of 2021
S.Irfan ... Petitioner
Vs.
Barkath
... Respondent/Complainant
PRAYER : Criminal Original Petition filed under Section 482 of
Criminal Procedure Code, praying to call for the records
pertaining to S.T.C.No.536 of 2020 pending on the file of the
Judicial Magistrate No.II, Krishnagiri and quash the same.
For Petitioner : Mr.R.M.Makesh Kumaravel
for Mr.Jayaprakash
ORDER
This petition has been filed challenging the proceedings
initiated by the respondent against the petitioner under Section
138 and 142 of Negotiable Instruments Act, 1881.
- The grounds raised by the counsel for the petitioner are all factual in nature and it requires appreciation of evidence and this Court cannot decide the same in exercise of its jurisdiction under Section 482 of Criminal Procedure Code. It is left open to the petitioner to raise all the grounds before the Court below and the same shall be considered on its own merits and in accordance with law. This Court is not inclined to interfere with the proceedings pending before the Court below.
- The learned counsel for the petitioner requested this Court to dispense with the presence of the petitioner. Taking into consideration, the facts and circumstances of the case, the presence of the petitioner is dispensed with and he shall be represented by a counsel, who shall cross examine the witnesses
Issues for consideration
2 issues framed by the court
Whether the High Court should quash criminal proceedings initiated under the Negotiable Instruments Act based on factual grounds requiring evidence appreciation.
Whether the trial Court below is directed to complete proceedings within a specific timeframe and on a day-to-day basis.
Parties & counsel
- petitioner
S. Irfan
- respondent
Barkath
Coram
N. Anand Venkatesh
Case details
As recorded by the court registry
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