M/S.Galada Finance Ltd., v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.10.2018

CORAM:

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P.Nos.7033 and 7034 of 2018 M/s Galada Finance Limited Represented by its Manager G.Ramesh Having registered office at Old No4, New No.7 Shafee Mohammed Police Thousand Lights Chennai 600 006.

.. Petitioner in both Crl.O.Ps.

vs.

1.State rep by The Inspector of Police F3, Nungambakkam Police Station Chennai 600 034.

2.M.Mohammed Abbas .. Respondents in both Crl.O.Ps.

Criminal Original Petition filed under Section 482 Cr.P.C. to direct the 1st respondent to execute the Non-bailable warrants issued by the learned XIV Metropolitan Magistrate, Egmore, Chennai in C.C.Nos.2694 and 2890 of 2013. For Petitioner : Ms.Vijayalakshmi K.Rajaratnam For R1 : Ms.M.Prabhavathi Additional Public Prosecutor C O M M O N O R D E R These petitions have been filed to direct the 1st respondent to execute the Non-bailable warrants issued by the learned XIV Metropolitan Magistrate, Egmore, Chennai in C.C.Nos.2694 and 2890 of 2013.

2. The petitioner is the complainant in C.C.No.2694 of 2013 and C.C.No.2890 of 2013 before the XIV Metropolitan Magistrate, Egmore, Chennai for the offence under Section 138 of the Negotiable Instruments Act. The accused in both the cases are one and the same. The Magistrate had issued non-bailable warrants to secure the accused. Since the accused has not been secured, the complainant is before this Court. https://hcservices.ecourts.gov.in/hcservices/

4.Heard the learned counsel for the complainant and the learned Additional Public Prosecutor for the first respondentState. 5.The learned Additional Public Prosecutor fairly conceded that the warrants issued by the Magistrate to the Inspector of Police, F3 Nungambakkam Police Station have been misplaced in the Station and she pressed for the issuance of fresh warrants.

6. Recording the same, this Court directs the Inspector of Police, F3 Nungambakkam Police Station to appear before the XIV Metropolitan Magistrate and file an affidavit to the effect that the warrants have been misplaced and thereafter, the Magistrate shall issue fresh warrants for execution.

On receipt of such warrants, the Inspector of Police, shall take steps to expeditiously secure the accused.

With the above direction, these petitions are closed. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar To

1. The XIV Metropolitan Magistrate, Egmore, Chennai

2. The Inspector of Police F3, Nungambakkam Police Station Chennai 600 034.

3. The Public Prosecutor High Court, Madras.

+1cc to Mrs.Vijayalakshmi K.Rajendran, Advocate, S.R.No.69062 Crl.O.P.Nos.7033 and 7034 of 2018 SJ(CO) rrs 10/10/2018 https://hcservices.ecourts.gov.in/hcservices/