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Judgment
G.Ilangovan, J
Crl.O.P.(MD).No.10936 of 2023 has been filed on the sole ground that the petitioner is retired from the Trusteeship on 27.07.2018. But as per the complaint averments, this petitioner alleged to have borrowed money as a trustee of the above said trust from the complainant on 22.02.2016 and 23.02.2016 and towards the discharge of the above said amount, the present cheque, dated 22.08.2019, was issued. According to the learned counsel for the petitioner, since he is already retired from the above said trusteeship, only the trust is responsible for the discharge of the amount that was borrowed by it. This petitioner cannot be hold responsible.
2.In Crl.O.P.(MD).No.10940 of 2023, it is submitted that even though the date of loan is much prior to the date of retirement, but the cheques have been issued only after the above said retirement period. So the very same ground has also been raised in this petition also.
3.In view of the above, let the trial process in S.T.C.Nos.698 of 2019 and 160 of 2022 on the file of the Judicial Magistrate, Manapparai, be kept in abeyance.
4.Notice to the respondent in both the cases returnable by 25.07.2023. Private notice is also permitted.
5.The personal appearance of the petitioners in both the cases before the trial Court is dispensed with on the following condition.
(i)The petitioners in both the cases shall appear before the learned Judicial Magistrate, Manapparai, Trichy, within a period of 15 days from the date of receipt of a copy of this order and file an undertaking affidavit, by affixing their recent passport size photographs, to the effect that they will appear before the trial Court as and when required and must ensure their proper representation through Advocate.
