M K BAJORIA Vs. BIRLA TYRES

JUDGEMENT

(1.) This Criminal Original Petition is filed to call for the records in C.C.No.3506 of 2003 pending on the file of the V Metropolitan Magistrate Court, Egmore, Chennai - 600 008 and quash the same.

(2.) The petitioner herein, who has been arrayed as an accused No.3 under Section 319 of the Code of Criminal Procedure in C.C.No.3506 of 2003, which is pending on the file of V Metropolitan Magistrate Egmore, Chennai. On a private complaint instituted by the respondent complainant for the offence under Section 138 of the Negotiable Instruments Act.

(3.) Notice was taken for the appearance of the respondent, the respondent had failed to appear in the above case despite private notice dated 09-06-2018 being received on 12-06-2018. A copy of the notice has been served to the learned counsel on 11.06.2018, who is appearing for the respondent/complainant in the trial court. Despite service of the notice and printing the name of the respondent, none appeared. Absence of the respondent and adjourning the case would be of no use. Hence. I proceeded to dispose of the case on merits on the submissions of the petitioner, typed set of papers and on the available materials.