Dismissed

Manimurugan v. M/S Carying Corporation of Indian Private Limited

Madras HC21 Aug 2023CRL OP/1510/2023

Case brief

AI extract

What is this about?

High Court dismissed a Criminal Original Petition under section 482 CrPC challenging proceedings under section 138 NI Act. Court held factual grounds require trial court appreciation and refused to interfere, directing completion within three months.

What did the court decide?

Criminal Original Petition dismissed; direction to complete proceedings within three months.

Manimurugan Vs M/S Carying Corporation of Indian Private… — Cheque Dishonour | Madras HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 21.08.2023

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CORAM

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THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

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Crl.O.P No.1510 of 2023 and Crl.MP.No.846 of 2023

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Manimurugan, A-51 ye Proprietor, M/s.TNSS Trailer Service No.4/124-B, Abi Building, Near Pannagar, Salem Road Acharappan Street Namakkal-637 001.

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Petitioner

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.vs.

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M/s.Carrying Corporation of India Pvt.Ltd., Rep. Herein by its Partner, Suresh Attari Old No.53, New No.105 Thambu Chetty Street Chennai 600 001.

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.. Respondent/Complainant

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PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to CC.No.1278 of 2020 dated 7.10.2019 on the file o f the learned II Metropolitan Magistrate Fast Track Court, Egmore, Allikulam, Chennai and quash the same.

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https://www.mhc.tn.gov.in/judis

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2 of 4 For Petitioner : Mr.R.C.Manoharan For Respondent : Mr.Richardson Wilson

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ORDER

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This petition has been filed challenging the proceedings initiated by the

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respondent against the petitioner under Section 138 of the Negotiable Instruments Act, 1888.

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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.

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Accordingly, this Criminal Original Petition is dismissed with a direction to the Court below to complete the proceedings in CC.No.1278 of 2020 dated 7.10.2019 on the file o f the learned II Metropolitan Magistrate Fast https://www.mhc.tn.gov.in/judis Track Court, Egmore, Allikulam, Chennai, within a period of three months

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from the date of receipt of a copy of this order. Consequently, the connected miscellaneous petition is closed.

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21.08.2023 1/2

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Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order kp

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To II Metropolitan Magistrate Fast Track Court, Egmore, Allikulam, Chennai.

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https://www.mhc.tn.gov.in/judis

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N. ANAND VENKATESH,. J. kp

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Crl.O.P No.1510 of 2023

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21.08.2023

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https://www.mhc.tn.gov.in/judis

Manimurugan v. M/S Carying Corporation of Indian Private Limited

Case brief

What is this about?

What did the court decide?

Manimurugan v. M/S Carying Corporation of Indian Private Limited

Case brief

What is this about?

What did the court decide?

What the court decided

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