M.Ponmani v. Om Sri Balaji

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.07.2020

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.5183 of 2019 and Crl.M.P.Nos.2991 & 2993 of 2019 M.Ponmani S/o.Muniyandi D.No.2/104, Srinivasan Nagar, Perumalkoil backside, Balasamuthiram Road, Kosavampalayam, Palladam, Tiruppur District.

.. Petitioner/Accused Vs.

Om Sri Balaji S/o.V.Balakrishnan D.No.21, 2nd Perumalkovil Layout, Katoor, Mettupalayam, Coimbatore District.

.. Respondent/Complainant Prayer:

Criminal Original Petition filed under section 482 of Criminal Procedure Code, to set aside the order dated 23.11.2018 passed by the learned Judicial Magistrate, Mettupalayam in C.M.P.No.4229 of 2018 in C.C.No.239 of 2018.

For Petitioner : Mr.P.Balathandayutham For Respondent : Mr.N.Chinnaraj

O R D E R

This petition has been filed by the petitioner to set aside the order dated 23.11.2018 passed by the learned Judicial Magistrate, Mettupalayam in C.M.P.No.4229 of 2018 in C.C.No.239 of 2018.

2. It is seen that the respondent lodged a complaint against the petitioner for the offence under Section 138 of Negotiable Instrument Act. After taken cognizance in C.C.No.239 of 2018, the learned Magistrate passed an order under Section 143 A of the Negotiable Instrument Act directing the petitioner / accused to pay 15% of the cheque amount as interim compensation to the complainant.

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3. Learned Magistrate after considering the prima facie case made in the complaint, passed an order under Section 143 A of the Negotiable Instrument Act, directing the accused to pay the compensation amount within a period of one month. This Court finds in this petition that the learned Judicial Magistrate has passed an order on 23.11.2018 and the time stipulated in the order is also expired. Therefore, this petition is devoid of merits and dismissed with the direction to the learned Judicial Magistrate, Mettupalayam, to complete the trial within a period of six months from the date of receipt of a copy of this order. Accordingly, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS I) //True Copy// Sub Assistant Registrar bri To The Judicial Magistrate, Mettupalayam.

Crl.O.P.No.5183 of 2019 and Crl.M.P.Nos.2991 & 2993 of 2019 MG(CO) RMP(16/10/2020) https://hcservices.ecourts.gov.in/hcservices/