M.Gagan Bothra v. J.Indupriya

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN M.Gagan Bothra .....

Petitioner Vs 1.J.Indupriya 2.The Inspector of Police, T-13, Kundrathur Police Station, Sikkarapuram, Chennai - 600 069.

.....

Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the 2nd respondent to execute the warrant by the Learned Fast Track Court-4 at George Town, Chennai in S.T.C.No. 2673 of 2023 against the 1st respondent within a stipulated time.

For Petitioner : Mr.M.Gagan Bothra (P-in-P) For 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 warrant issued as against the first respondent in STC No.2673 of 2023 pending on the file of the Fast Track Court No.IV, George Town, Chennai.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the second respondent. Perused the materials available on record.

3. The petitioner is the complainant in the complaint lodged for the offence under Section 138 of the Negotiable Instruments Act as against the first respondent. After receipt of the summons in STC No.2673 of 2023, the first respondent failed to appear before the Trial Court. Therefore, the Trial Court issued a Bailable Warrant against the first respondent.

4. On instructions, the learned Government Advocate (Crl.Side) appearing for the second respondent submitted that the address of the first respondent is incorrect, and therefore, the second respondent was unable to execute the Bailable Warrant.

5. In view of the above, the second respondent is directed to execute the Bailable Warrant issued as against the first respondent within a period of twelve 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 to co-operate while executing the Bailable Warrant as against the first respondent.

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

08.04.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp To 1.The Fast Track Court-4, George Town, Chennai 2.The Inspector of Police, T-13, Kundrathur Police Station, Sikkarapuram, Chennai - 600 069.

3. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

Lpp Crl.O.P.No.10592 of 2025 08.04.2025