1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.09.2011 CORAM: THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Crl.O.P.(MD)No.2245 of 2011 and M.P.(MD)Nos.1 and 2 of 2011 V.Johnson ... Petitioner Vs. G.Syril Rose ... Respondent PRAYER: The Civil Original Petition is filed under Section 482 Cr.P.C., to quash the C.C.No.311 of 2010 pending before the Judicial Magistrate No.II, Nagercoil, Kanyakumari District pending disposal of the quash petition. For Petitioner : Mr.H.Velavadhas For Respondent : Mr.J.John Jayakumar O R D E R The petitioner, who is the accused in a proceedings initiated under Section 138 Negotiable Instrument Act has come forward to quash the same. 2.The learned counsel for the petitioner submitted that the petitioner has given a complaint against the respondent and the said complaint has been taken on file and hence, the present proceedings shall not be allowed to go on. The learned counsel for the petitioner also submitted that notice has not been served as required under the Act. 3.Admittedly, the complaint has been taken on file in the year 2010 and the case is at trial stage. The learned counsel for the respondent submitted that cross examination has to be done and at that stage this present petition has been filed. Therefore, this petition is dismissed leaving it open to the petitioner to raise all the contentions in the proceedings pending in C.C.311 of 2010 on the file of the learned Judicial Magistrate No.II, Nagercoil. 4.While dealing with the same, the petitioner’s contention regarding the complaint made by him, which was commuted into a charge sheet subsequently and non service of the notice will also be considered by the Court below, taking into consideration of the relevant materials. Consequently, connected M.P.is closed. Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar To The Judicial Magistrate No.II, Nagercoil, Kanyakumari District. Nbj : GH : 19.10.2011 : 1p/2c Crl.O.P.(MD)No.2245 of 2011 and MP(MD).Nos,1 and 2 of 2011 29.09.2011 https://hcservices.ecourts.gov.in/hcservices/