K.S.DEVADEVAN Vs. R.SHANTHI

JUDGEMENT

(1.) These criminal original petitions have been filed for quashing the proceedings in S.T.C. Nos. 309, 310 and 311 of 2021 on the file of the Judicial Magistrate No.l (FTC), Madurai for the offence under Sec. 138 of the Negotiable Instrument Act. The respondent herein is the complainant.

(2.) The case of the petitioner is that he had settled the liability in full. But then, this is a matter that has to be established only in trial.

(3.) I will not be in a position to render a finding as to whether the petitioner has already liquidated the liability. Leaving open the petitioner's defences and contentions, these criminal original petitions are dismissed. However, taking note of the overall fact and circumstances, the personal appearance of the petitioner before the court below is dispensed with. He has to appear on three occasions namely at the time of questioning, during examination under Sec. 313 of Cr.P.C. and again at the time of pronouncing judgment. On all other occasions, the petitioner can appear through counsel. If the petitioner fails to appear through counsel, the benefit of this order will be withdrawn. Consequently, connected miscellaneous petitions are closed.