Madras High CourtCRL OP/21963/2018disposed of

P.Nachimuthu Gounder, v. The State Rep By Its,

2018-09-20Honourable Mr Justice P. Rajamanickam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :20.09.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM Crl.OP.No.21963 of 2018 P. Nachimuthu Gounder, ... Petitioner Vs.

1. The State Rep by its, The Inspector of Police, Gandhipuram Police Station, Coimbatore.

2. Tmt. Sridevi Selvaa, ...Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the 1st respondent to execute warrant and to produce the 2nd respondent before the Honourable Judicial Magistrate No.IV Tiruppur in C.C.No.691 of 2017. For Petitioner : Mr.K.Myilsamy For Respondents : Ms.M.Prabhavathi Additional Public Prosecutor For R1

ORDER

This petition has been filed to direct the first respondent to execute bailable warrant which was issued against the second respondent by the Judicial Magistrate No. IV, Tiruppur in C.C.No.691 of 2017.

2. The learned counsel for the petitioner has submitted that the petitioner herein has filed a private complaint under Section 138 of Negotiable Instruments Act against the second respondent herein and based on the same, the case was taken on file in C.C.No.691 of 2017 on the file of the Judicial Magistrate No.IV, Tiruppur and summons was issued to the second respondent. He further submitted that after receipt of summons, the second respondent not appeared and hence, bailable warrant was issued on 06.09.2017 but, so far the first respondent has not taken any steps to execute the said warrant. https://hcservices.ecourts.gov.in/hcservices/

3. The learned Additional Public Prosecutor has submitted that inspite of sincere efforts taken by the first respondent, not able to secure the second respondent. She further submitted that some reasonable time may be given for executing the warrant.

4. Considering the aforesaid submissions, the first respondent is directed to take some effective steps to execute the warrant and secure the second respondent within four weeks.

5. With the aforesaid directions, this petition is disposed of.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar vv/vsn To

1. The Judicial Magistrate No.IV, Tiruppur 2.

do-Thro The Chief Judicial Magistrate, Coimbatore.

3. The Inspector of Police, Gandhipuram Police Station, Coimbatore,

4. The Public Prosecutor, High Court, Madras.

+1cc to Mr.K.Myilsamy, Advocate, S.R.No.65347 Crl.OP.No.21963 of 2018 VD(Co) CS/01/11/2018 https://hcservices.ecourts.gov.in/hcservices/