This Criminal Original Petition has been filed to issue a direction to the Fast Track Metropolitan Magistrate Court-I at Allikulam to permit the petitioner to mark certified copies of documents as Exhibits in C.C.No.7089/2014.
2. It is stated by the petitioner that he supplied materials to the respondent on credit basis and a sum of Rs.4,42,964/- was due and payable by the respondent to the petitioner. The cheques issued by the respondent for partial discharge, have all been returned dishonoured by the Bankers for “funds insufficient”. Hence, the petitioner issued a notice under Section 138 (b) of the Negotiable Instruments Act to the respondent, and the respondent did not comply with the requirement of the notice, as a result of which the petitioner filed a private complaint against the respondent herein before the Fast Track Metropolitan Magistrate Court-I, Allikulam, Egmore, Chennai in C.C.No.7089 of 2014. Since the amount was not forthcoming, the petitioner also preferred a civil suit in O.S.No.3549 of 2014 and the same is pending before the XVII Assistant City Civil Court, Chennai. Now the case in C.C.No.7089 of 2014 had ripen for trial. Therefore, the petitioner had sought to mark the certified copies of the documents marked by him in O.S.No.3549 of 2014 before the XVII Assistant City Civil Court, Chennai, in the Criminal Complaint in C.C.No.7089 of 2014. But the Fast Track Metropolitan Magistrate-I, Allikulam, Egmore is not permitting for the same. The petitioner also filed a petition before the XVII Assistant City Civil Court, Chennai to return the original documents marked as exhibits, but the same has also been negatived by the XVII Assistant City Civil Court, Chennai. Hence this Criminal Original Petition.
3. Considering the facts and circumstances of the case and considering the fact that all the original invoices, cheques and cheque return memos relating to the criminal proceedings in C.C.No.7089 of 2014 were marked as exhibits in the suit in O.S.No.3549 of 2014 pending on the file of the learned XVII Assistant City Civil Court, Chennai, this Court directs the Fast Track Metropolitan Magistrate Court No.I, Allikulam at Egmore, Chennai, to permit the petitioner to mark the certified copies of documents, the originals of which were already marked as exhibits in O.S.No.3549 of 2014, as exhibits in C.C.No.7089 of 2014. The Criminal Original Petition is ordered accordingly.
Index : Yes/No 25.01.2017 Internet : Yes/No KM R.MAHADEVAN, J.
KM To
1. The Fast Track Metropolitan Magistrate-I, Allikulam, Egmore, Chennai.
2. The XVII Assistant City Civil Court, Chennai.
3. The Public Prosecutor, Madras High Court, Chennai-600 104.
Crl.O.P.No.1468 of 2017 25.01.2017 http://www.judis.nic.in