Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Mad) 1929

IN THE HIGH COURT OF JUDICATURE AT MADRAS
RMT. TEEKAA RAMAN, J.
M/s. S.S. Stores, Rep.by its Proprietor, K. Sahul Hameed – Appellant
Versus
M/s. P.R.B. Modern Rice Mill, Rep.by its Proprietor, P. Panneer Selvam – Respondent
Crl.R.C.No. 1385 of 2019 & Crl.M.P.No. 18269 of 2019
Decided On : 13-06-2023

Advocates appeared:
For the Petitioner:No appearance. For the Respondent:Manoharan Sundaram, Advocate.

The court has the authority to direct the re-numbering of a case and instruct its disposal based on the interest of justice and relevant legal provisions.

Headnote:
Summary Trial Case - Conversion of Calender Case to Summary Trial Case - The court directed the re-numbering of the case as a Summary Trial Case and instructed the disposal of the case within four months, based on the submission and decision cited by the respondent's counsel.
Fact of the Case:

The petitioner filed a petition alleging that a cheque case should be taken only as a summary trial case and requested its conversion.
Finding of the Court:

The court, considering the submissions and a relevant decision, directed the re-numbering of the case as a Summary Trial Case and instructed its disposal within four months.
Issues: Conversion of a cheque case from a Calender Case to a Summary Trial Case.
Ratio Decidendi: The court's decision was influenced by the submission and reliance on a previous court decision, which supported the conversion of the case to a summary trial case.
Final Decision: The Criminal Revision Petition was disposed of, and the connected Miscellaneous Petition was closed.

JUDGMENT

(Prayer: This Criminal Revision Petition is filed under Section 401 read with Section 397 of Cr.P.C. praying to call for the records and set aside the dismissal order dated 25.10.2019 passed by the learned Judicial Magistrate, Madurantakam.)

Today, when the matter came up for hearing, the learned counsel appearing for the respondent is present and the learned counsel appearing for the petitioner is absent.

2. The learned counsel appearing for the respondent submits that the respondent herein filed a petition in C.C.No.183 of 2018 before the learned Judicial Magistrate, Madurandagam, Kancheepuram District for the offence under Section 138 of Negotiable Instruments Act, 1881. The learned Magistrate has numbered it as a Calender Case in C.C.No.183 of 2018. At this juncture, the revision petitioner herein filed a petition in Crl.M.P.No.2534 of 2019 before the said Magistrate Court alleging that cheque case has to be taken only as a summary trial case and it has to be converted as Summary trial case. In support of his submission, he relied upon the decision of this Court reported in [CDJ 2014 MHC 2803] [K.Ramalakshmi Vs.Swarnalatha]. The learned counsel appearing for the respondent further submits that he has no objection for converting the case as summary trial case.

3. In view of the submissions made by the learned counsel appearing for the respondent and in the light of the above decision, this Court in the interest of justice has passed the following directions that; The learned Judicial Magistrate, Madurantakam is directed to re-number the case in C.C.No.183 of 2018 as S.T.C.No. and to dispose the same, within a period of four months from the date of receipt of a copy of this order.

4. Accordingly, this Criminal Revision Petition is disposed of.

Consequently, connected Miscellaneous Petition is also closed.

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