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Yohalakshmi In Both Crl vs G Seenu

Madras High Court|19 June, 2017
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JUDGMENT / ORDER

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 19.06.2017 CORAM THE HONOURABLE MR.JUSTICE R.MAHADEVAN Crl.O.P.Nos.3429 and 3430 of 2017 And Crl.M.P.Nos.2482 and 2483 of 2017 Yohalakshmi ... Petitioner in both Crl.O.Ps.
Vs.
G.Seenu ... Respondent in both Crl.O.Ps.
Common Prayer:
Criminal Original Petitions filed under Section 482 of the Code of Criminal Procedure, praying to order joint trial of in C.C.Nos.2373 and 2375 of 2012 on the file of the V Metropolitan Magistrate, Egmore, Chennai.
For Petitioner : Mr.B.Manoharan in both Crl.O.Ps. For Respondent : No appearance in both Crl.O.Ps.
C O M M O N O R D E R The present criminal original petitions have been filed praying to order joint trial of C.C.Nos.2373 and 2375 of 2012 on the file of the learned V Metropolitan Magistrate, Egmore, Chennai.
2. Despite name printed in the cause list and several opportunities given to the respondent, there is no representation on behalf of the respondent.
3. The petition is related to a proceedings under Section 138 of the Negotiable Instruments Act, 1881. The limited scope of the petition is seeking a direction to the Trial Court to have a joint trial, since both the petitioner and the respondent are one and the same.
4. It is represented by the learned counsel for the petitioner that the C.C.Nos.2373 and 2375 of 2012 are now pending before the Fast Track Court No.I, Egmore at Allikulam, Chennai.
5. Under these circumstances, the C.C.Nos.2373 and 2375 of 2012 said to be pending on the file of the Fast Track Court No.I, Egmore at Allikulam, Chennai, is hereby directed to have a joint trial and complete the same, as expeditiously as possible, after providing due opportunity to the defacto complainant as well as the accused, in accordance with law.
6. The petitioner seeks dispensation of personal appearance in C.C.Nos.2373 and 2375 of 2012. Such a prayer cannot be entertained by this Court, as the same has to be placed before the Trial Court for consideration. Hence, the petitioner is directed to file necessary application for dispensation of personal appearance before the Trial Court. Accordingly, the Criminal Original Petitions are disposed of. Connected Miscellaneous Petitions are also closed.
19.06.2017 dpq/pri Speaking Order/ Non Speaking Order Index : Yes / No Internet : Yes / No To
1. The V Metropolitan Magistrate, Egmore, Chennai.
2. The Fast Track Court No.I, Egmore at Allikulam, Chennai.
3. The Public Prosecutor, High Court, Madras.
R.MAHADEVAN,J.
dpq/pri Crl.O.P.Nos.3429 and 3430 of 2017 And Crl.M.P.Nos.2482 and 2483 of 2017 19.06.2017 http://www.judis.nic.in
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Title

Yohalakshmi In Both Crl vs G Seenu

Court

Madras High Court

JudgmentDate
19 June, 2017
Judges
  • R Mahadevan