9911796707
TMI Blog2022 (7) TMI 815X X X X Extracts X X X X X X X X Extracts X X X X ..... lanation to the impugned communication received from the respondent, within a time frame to be fixed by this Court by giving reasons as to why the requirement for getting permission from the concerned Criminal Court with regard to the pendency of the criminal complaint under Section 138 of the Negotiable Instruments Act, is not required. No prejudice will also be caused to the respondent if the petitioner's explanation is considered on merits and in accordance with law, after affording a fair hearing to the petitioner including, granting him the right of personal hearing. This Court directs the petitioner to submit an explanation to the impugned communication dated 23.02.2022, giving his reasons as to why the requirement for obtainin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t case referred to supra namely, the Serious Fraud Investigation Office case is concerned, the learned senior panel counsel appearing for the respondent, on instructions, would submit that no charge sheet has been filed and no cognizance has been taken by any Court vide letter dated 25.05.2022 issued by SFIO. However, learned senior panel counsel would submit that insofar as the second criminal case pending against the petitioner is concerned, namely the complaint in C.C. No. 5351 of 2016 pending on the file of Fast Track Court-IV, Metropolitan Magistrate, Saidapet, Chennai, the said complaint is still pending and it relates to dishonor of cheques issued by the petitioner for which, prosecution has been lodged under Section 138 of the Negot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... him the right of personal hearing. 6. For the foregoing reasons, this Court directs the petitioner to submit an explanation to the impugned communication dated 23.02.2022, giving his reasons as to why the requirement for obtaining permission from the concerned Criminal Court for renewal of his passport where a prosecution has been lodged under Section 138 of the Negotiable Instruments Act, is not required, within a period of one (1) week from the date of receipt of a copy of this order and on receipt of the said explanation, the respondent shall pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner including, granting him the right of personal hearing, within a period of four (4) weeks ..... X X X X Extracts X X X X X X X X Extracts X X X X
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