D.Satya Narayana Gupta v. A.Krishnadevi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN D.Satya Narayana Gupta ... Petitioner Vs

1. A.Krishnadevi

2. The Inspector of Police, M-1 Madhavaram Police Station, Madhavaram High Road, Thiruvallur, Tamilnadu.

... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 482 of Cr.P.C, to direct the second respondent to execute the Non-bailable warrant dated 05.09.2024 issued in S.T.C.No.3028 of 2022 by the Metropolitan Magistrate, Fast Track Court-II, Egmore, Chennai.

For Petitioner : Mr.R.Krishnamurthy For R2 : Mr.A.Gopinath Government Advocate (Crl.side)

ORDER

This Criminal Original Petition has been filed for direction directing the second respondent to execute the Non-bailable warrant dated 05.09.2024 issued in S.T.C.No.3028 of 2022 by the Metropolitan Magistrate, Fast Track Court-II, Egmore, Chennai.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the second respondent and perused the materials placed on record.

3. The petitioner is the complainant and the first respondent is the accused in the complaint lodged by the petitioner for the offence punishable under Section 138 of Negotiable Instruments Act in STC.No.3028 of 2024. After fulfledged trial, the Trial Court convicted the first respondent for the offence punishable under Section 138 of Negotiable Instruments Act. Thereafter, the first respondent neither preferred appeal nor surrendered before the Trial Court.

4. Therefore, the Trial Court issued Non Bailable Warrant as against

the first respondent in order to execute the order passed by the Trial Court and it is pending on the file of the second respondent.

5. In view of the above, the second respondent is directed to execute the Non Bailable Warrant issued as against the first respondent in STC.No.3028 of 2024 on the file of the Metropolitan Magistrate, Fast Track Court-II, Egmore, Chennai, within a period of four weeks from the date of receipt of a copy of this order. The petitioner is directed to furnish the correct address of the first respondent and also to co-operate while executing the Non Bailable Warrant issued as against the first respondent.

6. With the above directions, this Criminal Original Petition stands disposed of.

26.03.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order mn

G.K.ILANTHIRAIYAN. J, mn To

1. The Metropolitan Magistrate, Fast Track Court-II, Egmore, Chennai.

2. The Inspector of Police, M-1 Madhavaram Police Station, Madhavaram High Road, Thiruvallur, Tamilnadu.

3. The Public Prosecutor, High Court, Madras.

26.03.2025