R.Subramaniyan v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN R.Subramaniyan ....

Petitioner Vs 1.The Superintendent of Police, District Police Office, Cuddalore,

2. The Inspector of Police, Chidambaram Town Police Station, Chidambaram Taluk, 3.K.Selvaraj ....

Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to pass an order of direction directing the 1st and 2nd respondents here in to execute conviction warrant dated 14.03.2025 issued by the Judicial Magistrate II, Chidambaram in STC No.346 of 2017, against the 3rd respondent / accused herein K.Selvaraj, S/o. Kaliyaperumal, Door No.103/1, Nantheshwaramangalam Village, Srimushnam Taluk, Cuddalore District. For Petitioner : Mr.R.Abirami For R1 & R2 : Mr.A.Gopinath Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed seeking a direction to the second respondent to execute the conviction warrant issued as against the third respondent in STC No.346 of 2017 on the file of the Judicial Magistrate No.II, Chidambaram.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. The petitioner is the complainant and the third respondent is the accused in STC No.346 of 2017 on the file of the Judicial Magistrate No.II, Chidambaram, for the offence punishable under Section 138 of the Negotiable Instruments Act. After a full-fledged trial, the Trial Court, by an order dated 08.11.2022, convicted the third respondent for the offence punishable under Section 138 of the Negotiable Instruments Act. Aggrieved by the same, the third respondent preferred an appeal in C.A.No.62 of 2022 on the file of the II Additional District and Sessions Court, Chidambaram and the same was dismissed and the conviction and sentence imposed by the Trial Court was confirmed. Thereafter, the Trial Court issued conviction warrant as against the third respondent on

14.03.2025 and it is pending on the file of the second respondent.

4. In view of the above, the second respondent is directed to execute the conviction warrant dated 14.03.2025 issued by the Trial Court in STC No.346 of 2017, within a period of two weeks from the date of receipt of a copy of this order. The petitioner is directed to furnish the correct address of the third respondent and also co-operate while executing the conviction warrant issued as against the third respondent.

5. With the above direction, this Criminal Original Petition stands allowed.

27.03.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp To 1.The Superintendent of Police, District Police Office, Cuddalore, G.K.ILANTHIRAIYAN, J.

Lpp

2. The Inspector of Police, Chidambaram Town Police Station, Chidambaram Taluk,

3. The Public Prosecutor, High Court, Madras.

27.03.2025