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Madras High CourtCRL OP/7553/2022disposed of

Y.Bhakyalakshmi v. M/S.Sree Ayyappa Leather Exports India

2022-04-04Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.04.2022

CORAM

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.NOS.7553 & 7562 OF 2022 Y.Bhakyalakshmi Rep. By her Power Agent and Manager, Mr.Srinivasalu.

... Petitioner/Complainant in both Crl.O.P's .Vs.

M/S.Sree Ayyappa Leather Exports India, Rep. by its Proprietor, Mr.Kumaran, S/o.Muthaiah, Old No.2, New No.14, Narayana Chetty Street, Periyamet, Chennai - 600 003.

... Respondent/Accused in both Crl.O.P's PRAYER:- Criminal Original petitions are filed under Section 482 of Criminal Procedure Code, to direct the Learned Fast Track Metropolitan Magistrate No.II, Egmore Court at Allikulam, Chennai to expedite the proceedings in C.C.Nos.9395 & 9393 of 2018, respectively, now pending on the file of learned Fast Track Metropolitan Magistrate No.II, Egmore Court at Allikulam, Chennai.

For Petitioner : Mr.A.Thirumaran in both Crl.O.P's C O M M O N O R D E R These Criminal Original Petitions have been filed to direct the Learned Fast Track Metropolitan Magistrate No.II, Egmore Court at Allikulam, Chennai to expedite the proceedings in C.C.Nos.9395 & 9393 of 2018, respectively, now pending on the file of the learned Fast Track Metropolitan Magistrate No.II, Egmore Court at Allikulam, Chennai.

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2. The learned counsel for the petitioner would submit that the petitioner is an complainant in C.C.Nos.9395 & 9393 of 2018 pending on the file of learned Fast Track Metropolitan Magistrate No.II, Egmore Court at Allikulam for the offence under Section 138 of N.I.Act. The evidence on the side of the petitioner was completed and the matter has been posted for questioning under Section 313 of Cr.P.C on 12.01.2022. On that day, at the request of the accused, the cases were adjourned to 25.02.2022, for questioning. Again the cases were posted to 14.03.2022 and on that day also the accused was not questioned. Thereafter, it was adjourned to 30.03.2022, without the accused being questioned. He would further submit that the petitioner is an old lady, aged about 57 years and the complaint in respect of the cheque has been given on 22.06.2018 and the case is pending for the past four years and thereby, these Petitioners have been filed seeking to direct the Trial Judge to complete the trial at the earliest.

3. It is seen from the records that the case has been adjourned four times from 12.01.2022 to 30.03.2022, for questioning and the case is pending for the past four years.

4. In view of the above, direction is issued to the Learned Fast Track Metropolitan Magistrate No.II, Egmore Court at Allikulam, Chennai to complete the trial in C.C.Nos.9395 & 9393 of 2018 as expeditiously as possible preferably, within a period of four months from the date of receipt of a copy of this order.

5. With the above direction, these Criminal Original Petitions stand disposed of.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar shk/sai To The Fast Track Metropolitan Magistrate No.II, Egmore Court, Allikulam.

+2ccs to Mr.A.Thirumaran, Advocate, S.R.Nos.22603 & 22604 CRL.O.P.NOS.7553 & 7562 OF 2022 MT(CO) PBS/19/04/2022 https://hcservices.ecourts.gov.in/hcservices/