K.J.Anandaraj v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-02-2025

CORAM

THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN K.J.Anandaraj Petitioner Vs

1. The Inspector Of Police, T2, Ambattur Estate Police Station, Ambattur, Chennai.

2.P.Gracemary Respondents PRAYER:- Criminal Original Petition filed under Sec.528 of B.N.S.S., praying to issue a necessary direction to the 1 st respondent police to execute the NBW (Non-Bailable Warrant) dated 02.07.2024 issued by the learned Fast Track Court (Magisterial Level) Alandur against the accused in CC No.553/2016. For Petitioner(s):

Mr. S.Sivakumar For Respondent(s):

Mr. A.Gopinath Government Advocate (Crl. Side) for R1 1/5

ORDER

This Criminal Original Petition has been filed seeking a direction to the first respondent to execute the Non-Bailable Warrant dated 02.07.2024 issued by the learned Fast Track Court (Magisterial Level), Alandur against the accused, viz., the second respondent, in C.C. No.553 of 2016.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the first respondent. Perused the materials available on record.

3. The petitioner is the complainant and the second respondent is the accused in C.C.No.553 of 2016 for the offence under Section 138 of Negotiable Instruments Act. After full-fledged trial, the Trial Court convicted the second respondent and sentenced him to undergo simple imprisonment for a period of six months and also awarded compensation to the cheque amount. However, the second respondent neither filed an appeal nor complied with the order passed by the Trial Court. Therefore, the Trial Court issued a NonBailable Warrant as against the second respondent in C.C.No.553 of 2016, which is pending execution by the first respondent. 2/5

4. In view of the above, the first respondent is directed to execute the Non-Bailable Warrant issued against the second respondent within a period of two weeks from the date of receipt of a copy of this order. However, The petitioner is directed to furnish the correct address of the second respondent and also co-operate while executing the Non-Bailable Warrant issued as against the second respondent.

5. With the above direction, this Criminal Original Petition stands disposed of.

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To

1. The Fast Track Court (Magisterial Level), Alandur 2.The Inspector Of Police, T2, Ambattur Estate Police Station, Ambattur, Chennai.

3. The Public Prosecutor, High Court, Madras.

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G.K.ILANTHIRAIYAN J.

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