Express Service Stations v. M/S.Ctr Transport

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.03.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.8455 of 2019 Express Service Stations Represented by its Managing Partner M.Suresh Babu No.N-18 SIDCO Industrial Estate Zuzuvadi, Hosur - 635 126, Krishnagiri District.

... Petitioner Vs 1.M/s.CTR Transport, Representated by its Partner Mr.C.Rajendar, NH63, Hospet - Bellary Main Road, Near Nagarjuna Hotel, Taranagallu Village Bellary - 582 123 Mobile - 9449950688, 9448389688 2.M/s.CTR Transport, Representated by its Partner Mr.C.Rajendar, Branch Office: 74/1 II nd Street Parry Colony, Ranipet.

Mobile - 09442507188 3.M/s.CTR Transport, Representated by its Partner Mr.C.Rajendar, Branch Office No.174/A East Street, Kalappanaickenpatty - 637 404 Namakkal District. 04286 - 241228, 9443294864 4.Mr.C.Rajendar Proprietor of CTR Transport M/s.CTR Transport, NH63, Hospet - Bellary Main Road, Near Nagarjuna Hotel, Taranagallu Village Bellary - 582 123 Mobile - 9449950688, 9448389688 ... Respondents Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to direct the Judicial Magistrate, Fast Track Court, Hosur to dispose the summary trial case in 119 of 2018 within time stipulated by this Hon'ble Court.

For Petitioner : Mr.K.Krishna

O R D E R

This Criminal Original Petition has been filed to to direct the Judicial Magistrate, Fast Track Court, Hosur to dispose the summary trial case in 119 of 2018 within time frame. 2.Heard the learned counsel for the petitioner. 3.The petitioner is a working partner in Express Service Station, a petrol Bunk of Indian Oil Corporation, where the petitioner is bound to procure petrol and Diesel on advance payment only. The respondent is a vendor who bought diesel for his vehicles and did not paid the legally enforceable debt of Rs.

5,99,880/- (Rupees Five Lakh and Ninety Nine Thousand and Eight Hundred and Eighty only) for which the petitioner is paying interest to the bank and also due to locked up principle, it is very hard for the petitioner to run the petrol bunk and hence this summary trial case of cheque dishonoured case filed under Section 138 of Negotiable Instrument Act. The pendency of the case without any process for the past one year is against law and unsustainable. The Court below has failed to see that even the summary trial case was filed in 27.06.2018 and past one year no steps has been taken by Court below is against law and unsustainable. The Court below has failed to see that the Court adjourned the matter so many times without any proper reasons. Hence, the petitioner filed this criminal original petition. 4.

Considering the facts and circumstances of the case, this Court directs the Judicial Magistrate Fast Track Court, Hosur to complete the trial in S.T.C.No.119 of 2018 within a period of six months from the date of the receipt of a copy of this Order. 5.This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar

rna To The Judicial Magistrate, Fast Track Court, Hosur.

+1cc to Mr.K.Krishna, Advocate sr.no.30214 Crl.O.P.No.8455 of 2019 nr 08/05/2019