Dismissed¶¶30

V.Kishore Kumar v. Karunanithy

Madras HC22 Jan 2025CRL OP/26649/2024

Case brief

AI extract

What is this about?

Keywords: Section 528 B.N.S.S.; quash of complaint; C.C.No.1533 of 2019; Judicial Magistrate, Puducherry; prima facie allegation test; belated payment; grounds for trial not quash stage; dismissal of Criminal Original Petition; V.Kishore Kumar v. Karunanithy; Madras High Court; decided 22.01.2025; respondent ex parte in effect (notice served, no appearance).

What did the court decide?

No relief to the petitioner: the Criminal Original Petition was dismissed and the connected Miscellaneous Petitions (Crl.M.P.Nos.14789 and 14791 of 2024) closed; the petitioner was left at liberty to take all his defences before the Magistrate in the pending C.C. ¶¶30

V.Kishore Kumar Vs Karunanithy — Madras HC (2025) — LawSathi Research

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Crl.O.P.No.26649 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED :22.01.2025

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Coram:

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THE HONOURABLE MR. JUSTICE P.VELMURUGAN

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Crl.O.P.No.26649 of 2024 and Crl.M.P.Nos.14789 and 14791 of 2024

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V.Kishore Kumar ... Petitioner

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Vs.

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Karunanithy ... Respondent

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Prayer : Criminal Original Petition filed under Section 528 of B.N.S.S. to call for the entire records in C.C.No.1533 of 2019 on the file of the Judicial Magistrate and quash the same in respect of petitioner/2nd accused.

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For Petitioner : Mr.S.Lakshmi Narayanan

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For Respondent : Notice Served (No Appearance)

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1/5

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

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Crl.O.P.No.26649 of 2024

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ORDER

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This Criminal Original Petition has been filed by the petitioner/second

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accused to quash the case against him in C.C.No.1533 of 2019 on the file of

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the Judicial Magistrate, Puducherry.

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Despite notice served and name printed, there is no representation for

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the respondent.

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Heard the learned counsel for the petitioner and perused the materials available on record.

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It is seen that the respondent has filed a complaint in C.C.No.1533 of

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2019 before the Judicial Magistrate, Puducherry, against three persons in which, the petitioner has been shows as A2. Pending C.C., the petitioner has filed the present petition to quash the C.C. insofar as the petitioner is concerned.

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A reading of the complaint filed by the respondent shows that it is a

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case of belated payment and there are prima facie allegations as against the 2/5

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

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Crl.O.P.No.26649 of 2024 petitioner. Further, the grounds taken by the petitioner are matter for trial which

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can be decided only after trial for which, the petitioner has to file counter and agitate before the Magistrate. This Court can only see as to whether there is any prima facie allegation in the complaint. A reading of the complaint shows

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that there is a prima facie allegation against the petitioner.

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