Madras High CourtCRL OP/11512/2015disposed of

C.Rajendran v. V.P.Mahalingam

2016-01-21Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :21.01.2016

CORAM:

THE HON'BLE MR.JUSTICE R.SUBBIAH Crl.O.P.No.11512 of 2015 Mr.C.Rajendran ..Petitioner Vs., Mr.V.P.Mahalingam ..Respondent Prayer: Petition filed under Section 482 of the Criminal Procedure Code praying to direct the learned Principal Sessions Judge at Thiruvallur to dispose of Crl.A.No.54 of 2012, within a fixed time frame as per the provisiosn of law. For Petitioner : Mr.S.Auxilia Peter

ORDER

This Criminal Original Petition is filed praying to direct the learned Principal Sessions Judge at Thiruvallur to dispose of Crl.A.No.54 of 2012, within a time stipulated by this Court.

2.The petitioner herein filed a case in S.T.C.No.86 of 2012 under Section 138 of Negotiable Instruments Act before the Fast Track Court (Magistrate Level-II) at Poonamallee. The learned Fast Track Court (Magistrate Level-II) at Poonamallee passed an order dated 02.04.2014 convicting the respondent, against which, the respondent preferred an appeal in Crl.A.No.54 of 2014 before the Principal Sessions Judge, Thiruvallur. When the appeal is pending before the learned Principal Sessions Judge, Thiruvallur, the respondent has agreed to pay a sum amount Rs.15,00,000/-, out of which, the respondent has paid a sum of Rs.5,85,000/-. For payment of the balance amount, the matter was referred to the Lok Adalat. Believing the words of the respondent, the petitioner agreed for compromise of Rs.7,00,000/- instead of Rs.9,15,000/-.

However, the respondent has not kept up his words. As the respondent breached the settlement, the matter was referred back to the Regular Court. Inspite of various representation, the appeal in Crl.A.No.54 of 2014 is pending before the learned Principal Sessions Judge, Thiruvallur. Hence, the petitioner has come forward with the present criminal original petition seeking a direction to the learned Principal Sessions Judge, Thiruvallur to dispose of the same within the time specified by this Court.

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3.In view of the nature of the order that is going to be passed, there is no need to issue notice to the respondent. 4.Considering the facts and circumstances of the case, this Court directs the learned Principal Sessions Judge, Thiruvallur, to hear the appeal in Crl.A.No.54 of 2014 and dispose of the same, as expeditiously as possible. 5.With the above direction, the criminal original petition is disposed of.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar ari TO The Principal Sessions Judge, Thiruvallur.

+ 1 cc to Mr.Auxilia Peter, Advocate SR.3656 Crl.O.P.No.11512 of 2015 SV(CO) EU 03.02.16 https://hcservices.ecourts.gov.in/hcservices/