Madras High CourtCRL OP/10059/2022disposed of

S.Sasikumar v. L.Senthil Kumaran

2022-06-17Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.06.2022

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR Crl.O.P.No.10059 of 2022 S. Sasikumar ... Petitioner Vs.

1. L. Senthil Kumaran Proprietor, M/s.Aadava Property Developers, Flat No.12B, Door No.15, South Boag Road, T.Nagar, Chennai 17.

and Head Office M/s.Aadava Property Developers, No.51, 3rd street, Hindustan Avenue, Nava India Road, Coimbatore 641 028.

2. The Inspector of Police Peelamedu Police Station, Coimbatore 641 004.

... Respondents PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the second respondent to execute the Nonbailable Warrant dated 19.07.2017 issued in C.C.No.2607 of 2016 by the learned II Fast Track Judge, Allikulam, Chennai and to expedite the trial.

For Petitioner : Mr.A.M.Amutha Ganesh For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor for R2

O R D E R

This Criminal Original Petition has been filed to direct the second respondent to execute the Non-bailable Warrant dated 19.07.2017 issued in C.C.No.2607 of 2016 by the learned II Fast Track Judge, Allikulam, Chennai and to expedite the trial. https://hcservices.ecourts.gov.in/hcservices/

2. The learned counsel for the petitioner submitted that the petitioner is the complainant in C.C.No.2607 of 2016 pending on the file of the learned II Fast Track Judge, Allikulam, Chennai for offences under Section 138 of Negotiable Instruments Act. The first respondent/accused, despite the receipt of summons did not appear before the Court and thereby, the learned Trial Judge had issued Non Bailable Warrant on 19.09.2017, to be executed through the second respondent. Despite the directions of the Magistrate, the second respondent is not obeying the order of the Court for more than 5 years and thereby, the present petition has been filed.

3. Heard both sides.

4. The petitioner is directed to give the new address of the accused to the respondent police. On receipt of such new address respondent police is directed to expedite the execution of NBW issued against the accused and secure him and produce him before the trial Court without any further delay.

5. With the above direction the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar dpq To

1. The Inspector of Police Peelamedu Police Station, Coimbatore 641 004.

2. The II Fast Track Court, Allikulam, Chennai.

3. The Public Prosecutor High Court, Madras.

Crl.O.P.No.10059 of 2022 SMI[co] NSK/08/07/2022 https://hcservices.ecourts.gov.in/hcservices/