Madras High CourtCRL OP/7541/2021disposed of

S.Mohan Kumar v. M/S.P.J.P.Promoters

2021-04-22Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.04.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.OP.No.7541 of 2021 S.Mohan Kumar ... Petitioner

Versus

M/s.P.J.Promoters, Represented by its Proprietrix, A.Jagadeshwari, New No.14, Old No.10A, Parameswari Nagar, 3rd Street, Adyar, Chennai - 600 020.

... Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned FTC-I, Metropolitan Magistrate, at Allikulam, Chennai to dispose of the case in CC.No.6506 of 2018 on his file within a time frame to be fixed by this Court.

For Petitioner : Mr.A.Damodaran

ORDER

The learned counsel for the petitioner contended that the petitioner is the complainant who filed a private complaint under Section 200 of Cr.P.C. and under Section 138 of Negotiable Instrument Act against the accused in CC.No.6506 of 2018 before the learned FTC-I, Metropolitan Magistrate, at Allikulam, Chennai.

2. It is submitted by the learned counsel for the petitioner that the respondent/accused is not appearing before the trial court and is stalling the progress of the case by filing petition under Section 317 of Cr.P.C. The trial court also mechanically allowed the petition filed by the respondent/accused under Section 317 Cr.P.C.

3. From the copy of the adjudication in CC.No.6506 of 2018, it is seen that the case has been kept pending from 21.10.2019 for trial and the case now stands adjourned to 28.04.2021. Finding that there had been inordinate delay due to the dilatory tactics adopted by the respondent/accused, this Court directs the learned FTC-I, Metropolitan Magistrate, at Allikulam, Chennai to complete the trial in CC.No.6506 of 2018 within a https://hcservices.ecourts.gov.in/hcservices/

period of three months from the date of receipt of a copy of this order.

4. With the above directions, this petition is disposed of. s/d- Assistant Registrar True Copy Sub-Assistant Registrar mbi To 1.The FTC-I, Metropolitan Magistrate, Allikulam, Chennai.

2.The Public Prosecutor, Madras High Court, Chennai.

+1 CC to M/s. Hasan Mohammed Jinnah, Advocate sr 24597. Crl.OP.No.7541 of 2021 GMR(CO) SP(15/06/2021) https://hcservices.ecourts.gov.in/hcservices/