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Madras High CourtCRL OP/4051/2024disposed of

P.Lakshmi v. P.Kumar

2024-02-22Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 22.02.2024

CORAM

THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH P.Lakshmi .. Petitioner Vs.

1. P.Kumar

2. State Rep. By The Inspector of Police, R5, Virugambakkam Police Station, Chennai .. Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code to direct the 2nd respondent to execute the non-bailable warrant issued by the Metropolitan Magistrate (FTC-V) Saidapet, Chennai in CC No.815 of 2020 within a time frame fixed by this Court. For Petitioner : Mr.G.Murugendran For Respondents : Mr.A.Damodaran Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed for a direction to the 2nd respondent to execute the conviction warrant that was issued by the Metropolitan Magistrate (FTC-V) Saidapet, Chennai in CC No.815 of 2020. 2.

Heard Mr.G.Murugendran, learned counsel for the petitioner

and Mr.A.Damodaran, learned Additional Public Prosecutor appearing for the respondent.

3.

It is seen that the 1st respondent was convicted for offense under Section 138 of the Negotiable Instruments Act by the Metropolitan Magistrate (FTC-V) Saidapet, Chennai in CC No.815 of 2020 by judgement dated 07.07.2023. A non-bailable warrant has been issued to secure the 1st respondent and to make the 1st respondent undergo the sentence. The grievance of the petitioner is that this non-bailable warrant is yet to be executed by the 2nd respondent and the 1st respondent has not been produced before the Trial Court.

4.

Taking into consideration the facts and circumstances of the case, there shall be a direction to the 2nd respondent to execute the nonbailable warrant and secure the 1st respondent and produce the 1st respondent before the concerned Trial Court, within a period of four weeks from the date of receipt of a copy of this order.

5.

This Criminal original petition is disposed of with the above

directions.

22.02.2024 Index :Yes/No Internet:Yes/No Speaking/Non speaking order rka To

1. Metropolitan Magistrate (FTC-V) Saidapet, Chennai 2.State Rep. By The Inspector of Police, R5, Virugambakkam Police Station, Chennai 3.The Public Prosecutor, High Court, Madras.

N. ANAND VENKATESH,J rka

Crl.O.P.No.4051 of 2024 22.02.2024