M/S.Denwood Merchandising And Industries Pvt Ltd v. K.Irshad Anwer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.02.2020

CORAM:

THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM Crl.OP.No.2262 of 2020 M/s.Denwood Merchandising and Industries Private Limited., represented by its Authorized Representative Mr.P.Deepak Kothari ... Petitioner Vs.

K.Irshan Anwer Proprietor, Allied Leather Industries, No.329, Patel Yacoob Street, Fort, Vaniyambadi, Vellore District-635 751.

... Respondent PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C, to direct the learned Fast Track Court-III (Magisterial Level), Saidapet to expedite the trial in C.C.No.385 of 2019 and dispose of the same within the time frame fixed by this Hon'ble Court.

For Petitioner : Mr.K.Surendar

ORDER

This petition has been filed by the petitioner/complainant to direct the learned Fast Track Court-III (Magisterial Level), Saidapet to expedite the trial in C.C.No.385 of 2019 and dispose of the same at early.

2. The learned counsel for the petitioner has submitted that based on the complaint filed by the petitioner/complainant under Section 138 of the Negotiable Instruments Act, the learned Fast Track Court-III (Magisterial Level), Saidapet has taken the case on file in C.C.No.385 of 2019 and the evidence on the side of the petitioner/complainant was recorded and prosecution side evidence was closed on 09.01.2020 and thereafter, the case was adjourned to 11.03.2020 for questioning under Section 313 of Cr.P.C and hence, he requests to direct the trial court to dispose of the aforesaid case at early.

3. According to the petitioner, only one witness was examined as P.W.1 on the side of the prosecution and the https://hcservices.ecourts.gov.in/hcservices/

prosecution side evidence was closed on 09.01.2020. In such a case, the learned Judicial Magistrate has to ask the question under Section 313 Cr.P.C., by giving short adjournment and instead of that he gave 2 months time for asking question under Section 313 of Cr.P.C. Hence, the trial court is directed to advance the hearing of the aforesaid case after giving notice to both side counsel and ask question under Section 313 of Cr.P.C and dispose of the same within two months from the date of receipt of a copy of this order.

4. With the aforesaid directions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar Vv/ebsi To

1. The Fast Track Court-III (Magisterial Level), Saidapet

2. The Public Prosecutor, Madras High Court, Chennai.

+1cc to Mr.K.Surendar , Advocate SR.No. 9344 Crl.O.P.No.2262 of 2020 A.SK(19/02/2020) https://hcservices.ecourts.gov.in/hcservices/