R.Srinivasan v. T.D.Thejeswaran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-03-2026

CORAM

THE HON'BLE Mr. JUSTICE M. NIRMAL KUMAR R.Srinivasan ..Petitioner Vs T.D.Thejeswaran ..Respondent Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the XXVII Metropolitan Magistrate Court at Saidapet to expeditiously dispose the C.C.No.4039 of 2018, within a particular time frame. For Petitioner :

Mr.C.B.Muralikrishnan

ORDER

This criminal original petition is filed by the complainant seeking expeditious disposal of C.C.No.4039 of 2018 pending on the file of the learned XXVII Metropolitan Magistrate Court at Saidapet. 2.

The petitioner, as complainant, has filed a case under Section 138 of the Negotiable Instruments Act, 1881, which was taken on file as C.C.No.4039 of 2018 by the learned XXVII Metropolitan Magistrate Court, Saidapet, Chennai. The complainant had examined himself as P.W-1 and completed his evidence in chief. Thereafter, he was cross-examined on

10.01.2024 and again on 13.03.2024. At this stage, the on 03.05.2024 the respondent had filed a petition under Section 254(2) of Cr.P.C. which was numbered as Crl.M.P.No.7199 of 2024 seeking to examine five witnesses and also to probablize his defence. The petitioner had filed a counter in June, 2024. However, the case has been adjourned periodically till date. Therefore, the petitioner filed this present Criminal Original Petition to direct the learned XXVII Metropolitan Magistrate Court, Saidapet, Chennai to dispose of the case in C.C.No.4039 of 2018 within a time frame.

3.

Heard learned counsel appearing for the petitioner and perused the materials available on record.

4.

Considering the submission of the learned counsel for the petitioner and on a perusal of the adjudication of the trial Court, it is seen that on 03.05.204 the respondent had filed a petition under Section 254(2) of Cr.P.C. seeking to examine five witnesses and also to probablize his defence and thereafter the petitioner had filed his counter in June, 2024, however, the case has been periodically adjourned from 03.05.2024 till 23.01.2026 and no order has been passed. In view of the same, the learned XXVII Metropolitan Magistrate Court, Saidapet, Chennai, is directed to dispose of Crl.M.P.No.7199 of 2024 within a period of two weeks from the date of receipt of a copy of this order and proceed with the trial without further delay.

5.

With the above direction, this criminal original petition stands disposed of.

04-03-2026 Index: Yes/No SRM To The XXVII Metropolitan Magistrate Court, Saidapet, Chennai.

M.NIRMAL KUMAR, J.

SRM 04-03-2026