Glowide Overseas India Pvt Ltd v. Creasakthi Scm Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :29.04.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.OP.No.8048 of 2021 M/s.Glowide Overseas India Private Limited, No.99, Harrington road, E1, Harrington Court, 15th Avenue, Chetpet, Chennai - 600 031.

Represented by its Power Holder, V.Ramadoss.

...Petitioner

Versus

1. Creasakthi SCM Limited, Rep. by its Managing Director, M.Venkataraman, No.A-13, Thiru Vi-Ka Industrial Estate, Guindy, Chennai - 600 032.

2. M.Venkataraman, Director, No.A-13, Thiru Vi-Ka Industrial Estate, Guindy, Chennai - 600 032.

3. V.Girija, Director, No.A-13, Thiru Vi-Ka Industrial Estate, Guindy, Chennai - 600 032.

4. R.Murthi, Director, No.A-13, Thiru Vi-Ka Industrial Estate, Guindy, Chennai - 600 032.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the FTC-II, Chief Metropolitan Magistrate, Allikulam, Chennai to dispose of the case in CC.No.2412 of 2016 on his file within a time frame to be fixed by this Court.

For Petitioner :

Mr. Hasan Mohammed Jinnah https://hcservices.ecourts.gov.in/hcservices/

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 Sections 138, 141 and 142 of Negotiable Instruments Act against the accused in CC.No.2412 of 2016 before the learned FTC-II, Chief Metropolitan Magistrate, Allikulam, Chennai.

2. It is submitted by the learned counsel for the petitioner that the respondents/accused are 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 respondents/accused under Section 317 Cr.P.C. Further, the evidence has been completed on behalf of the petitioner/complainant and it is continuously adjourned for appearance and questioning of the respondents/accused. The respondents/accused are in Chennai and for some reason or another they are avoiding to appear before Court.

3. Considering the submissions and on perusal of materials, it is seen that the evidence has been completed on 25.02.2021 and the case is now adjourned to 04.05.2021 for questioning. The case is of the year 2016. Further, from the submissions, it is seen that the respondents/accused are all residing at Chennai. In view of the same, the trial court to complete the questioning, examination of defence witnesses, if any, and thereafter, conclude the trial within a period of two 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 The Chief Metropolitan Magistrate FTC II, Allikulam Chennai +1 CC to Mr.A. Damodaran, Advocate sr 26477.

Crl.OP.No.8048 of 2021 SV(CO) SP(05/07/2021) https://hcservices.ecourts.gov.in/hcservices/