M/S.Rungta Iron And Steetl Pvt v. Y.Vasant Rao
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 27.08.2015
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.OP.No.21571 of 2015 M/s.Rungta Iron and Steel Pvt. Ltd.
Rep by its Manager and Power of Attorney Holder Narayan Sharma, No.16, Sembudoss Street, Chennai-1.
...Petitioner/Complainant
Vs Y.Vasant Rao, Sole Proprietor of M/s.Sarada Steels & Bearing Co., No.33[new]/17[old] Post Office Street, Chennai-1.
...Respondent/Accused
Criminal Original Petition filed under Section 482 of Cr.P.C., praying for a direction to expedite and complete the trial within stipulated period as fixed by this Hon'ble Court in CC.No.548 of 2013 on the file of the FTC-IV, Metropolitan Magistrate, G.T., Chennai-1.
For Petitioner : Mr.Rajendra Prasad Tayal
O R D E R
This petition has been filed to direct the learned Metropolitan Magistrate, FTC-IV, Chennai to expedite and complete the trial in CC.No.548 of 2013 within a stipulated period.
2. Heard the learned counsel for the petitioner and perused the materials placed on record.
3. It is seen that this petitioner is the complainant in CC.No.548 of 2013 for an offence under Section 138 of Negotiable Instruments Act.
4. Learned counsel for the petitioner brought to the notice of the Court, the docket orders and the last four docket orders are extracted under :
"01.08.2015 - Complainant present. Accused absent. At request adjourned to 10.08.2015 for defence evidence [last chance] and argument.
05.08.2015 - Both present. Accused filed petition u/s 315 of Cr.P.C C/O 11.08.2015.
11.08.2015 - Both present. DW3 examined. For cross of DW3 on 19.08.2015.
19.08.2015 - Both absent. Call on 08.09.2015 for cross of DW3."
5. The Hon'ble Supreme Court in Indian Bank Association and Others Vs Union of India and Others 2014-2-LW [Crl] 400 has issued directions to all the Magistrates to complete the examination of witnesses within three months. In this case, the prosecution evidence has been closed and the case is posted for crossexamination of DW3.
6. Learned counsel for the petitioner submits that he is ready to cross-examine DW3 on 02.09.2015.
7. Recording his submission, this Court directs the Trial Court to complete the trial, within a period of two months, from the date of receipt of a copy of this order.
With the above direction, this petition is closed. Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar gya To 1.The Metropolitan Magistrate, (Fast Track Court IV), George Town, Chennai - 1.
2.The Public Prosecutor, High Court, Madras.
1 CC to Mr.Rajendra Prasad Tayal, Advocate SR.No. 45742 CRL.OP.No.21571 of 2015 VGI (CO) PSI (09.09.2015)