1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.09.2011 CORAM THE HONOURABLE MS.JUSTICE R.MALA Crl.O.P.(MD).No.12281 of 2011 and M.P.(MD) Nos.2 and 3 of 2011 Muthusamy : Petitioner -Vs- B.Sivasankaralingam : Respondent PRAYER: Petition is filed under Section 482 of the Code of Criminal Procedure praying to call for the records pertaining to S.T.C.No.77 of 2010 on the file of the Judicial Magistrate No.IV, Tirunelveli and quash the same. For Petitioner : Mr.S.M.A.Jinnah For Respondent : Mrs.S.Prabha, Govt.Advocate (Crl. Side) O R D E R This petition has been filed to call for the records pertaining to S.T.C.No.77 of 2010 on the file of the Judicial Magistrate No.IV, Tirunelveli and quash the same. 2.The learned counsel appearing for the petitioner would submit that on the basis of the private complaint given by the respondent, the learned Judicial Magistrate has taken cognizance in S.T.C.No.77 of 2010 for the offence under Section 138 of the Negotiable Instrument Act. The learned counsel appearing for the petitioner would submit that the disputed cheque has not been given by the petitioner and he has fairly conceded that publication has been issued and a petition in Crl.O.P.(MD) No.7108 of 2010 filed by the same petitioner has been dismissed on 30.08.2010. 3.Now even though, the petitioner has come forward with the application for quashing the proceedings against him, the learned counsel appearing for the petitioner would submit that the petitioner is a cancer patient and he wants the early disposal. 4.Considering the facts and circumstances of the case and considering the request made by the learned Counsel for the petitioner I am of the opinion that since the petitioner is aged about 60 years and he is suffering from Cancer, the learned Judicial https://hcservices.ecourts.gov.in/hcservices/ 2 Magistrate No.IV, Tirunelveli is directed to dispose of the case in S.T.C.No.77 of 2010 pending on his file within a period of two months from the date of receipt of a copy of this order and during the commencement of trial, the personal appearance of the petitioner is dispensed with and the petitioner is directed to appear before the trial Court, whenever, the trial Court is needed for the appearance of the petitioner. 5.With the aforesaid directions, this criminal original petition is disposed of. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar To 1.The Judicial Magistrate No.IV, Tirunelveli. 2.The Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Arul ssk/03.10.2011 /3c-2p/- Crl.O.P.(MD).No.12281 of 2011 16.09.2011 https://hcservices.ecourts.gov.in/hcservices/