IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 14.03.2017
CORAM
THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN
Crl.OP Nos.16110 and 16111 of 2010 and M.P.Nos.1 and 1 of 2010
1. M/s.M.G.Pictures (Madras) Ltd., No.12, Palal Sankaran Street, Mahalingapuram, Chennai-34.
2. M.Gnanasekaran
3. G.Vijayakumar .. Petitioners in both Crl.OPs Vs K.Jayaraman .. Respondent in both Crl.OPs Common Prayer:- Criminal Original Petition filed under Section 482 of Cr.P.C., to set aside the order dated 28.06.2010 made in M.P.Nos.541 and 542 of 2010 in C.C.Nos.12951 and 12952 of 2004 respectively, on the file of the Court of the XX Metropolitan Magistrate, Chennai-3 and consequently, direct the respondent/ complainant to produce the original cheques before the Metropolitan Magistrate to enable the petitioners to get expert opinion on several material facts for the effective disposal of the case.
For Petitioners :Mr.P.Anbarasan For Respondent : Mr.K.N.Nataraj COMMON ORDER Both the petitions have been filed challenging the order passed in M.P.Nos.541 of 2010 and 543 of 2010, rejecting the request of the petitioners/accused, seeking for the production of the original documents to be sent for expert opinion.
2. The case of the petitioners is that the original cheques marked in the Civil Suit in C.S.No.969 of 2003, are pending before this Court. Therefore, they have produced only the certified copies of cheques in these C.C.Nos.12951 and 12952 of 2004 and prays for returning the original cheques to the Court below for sending the same for obtaining expert opinion.
3. Heard Mr.P.Anbarasan, learned counsel appearing for the petitioners and Mr.K.N.Nataraj, learned counsel appearing for the respondent in both the original petitions.
4. Without going into the merits of the case, this Court while dismissing both the criminal original petitions, liberty is granted to the petitioners/accused to file an appropriate application in C.S.No.969 of 2003, pending before this Court, for seeking permission of this Court for sending the original cheques to the Court below for getting expert opinion. Consequently, connected miscellaneous petitions are closed.
14.03.2017
Index : Yes/No Internet : Yes/No vs To The XX Metropolitan Magistrate, Chennai-3.
M.V.MURALIDHARAN,J.
vs Crl.OP Nos.16110 and 16111 of 2010 and M.P.Nos.1 and 1 of 2010 14.03.2017