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Madras High CourtCRL OP/17523/2024disposed of

R.Sasikumar v. The State Rep By

2025-02-07Honourable Mr Justice G.K. Ilanthiraiyan4 pages

2025:MHC:365

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.02.2025

CORAM

THE HON'BLE Mr. JUSTICE G.K. ILANTHIRAIYAN R.Sasikumar ... Petitioner Vs.

1.The Inspector of Police G-5 Secretariate Colony Police Station (Crime Branch) Kilpauk, Chennai 2.S.Subin Thomas ... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. to direct the 1st respondent to execute the warrant issued against the 2nd respondent in STC.No.9656/2022 order dated 17.11.2023 on the file of the learned XXV Metropolitan Magistrate, Egmore, Chennai.

For Petitioner : Mr.A.Elamparithi For 1st Respondent : Mr.R.Vinothraja Government Advocate (Crl. Side)

O R D E R

This criminal original petition has been filed for a direction to the 1st respondent to execute the Non-Bailable Warrant (NBW) issued pursuant to the order of conviction passed by the learned XXV Metropolitan Magistrate, Egmore, Chennai, on 17.11.2023 in S.T.C.No.9656/2022. 1/4

2. On a complaint lodged by the petitioner for the offence under Section 138 of the Negotiable Instruments Act, 1881, after a full-fledged trial in S.T.C.No.9656/2022, the trial Court convicted the 2nd respondent for the offence punishable under Section 138 of NI Act and sentenced him to undergo 3 months simple imprisonment and also awarded compensation. However, the 2nd respondent did not file any appeal and also failed to surrender. Therefore, the trial Court has issued NBW as against the 2nd respondent and the same is pending on the file of the 1st respondent.

3. In view of the above, the 1st respondent is directed to execute the NBW issued as against the 2nd respondent in S.T.C.No.9656/2022 within a period of 12 weeks from the date of receipt of a copy of this order. The petitioner is directed to co-operate with the 1st respondent, while executing the NBW issued as against the 2nd respondent, by furnishing correct particulars of the 2nd respondent.

With the above direction, this criminal original petition is disposed of. 07.02.2025 gya 2/4

To The Inspector of Police G-5 Secretariate Colony Police Station (Crime Branch) Kilpauk, Chennai 3/4

G.K. ILANTHIRAIYAN, J.

gya 07.02.2025 4/4