Madras High CourtCRL OP/12217/2021disposed of

S.Lakshminarayanan v. S.Rajasekaran

2021-07-15Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.07.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.12217 of 2021 S.Lakshminarayanan S/o, Sankaralingam(late)

...Petitioner/Complainant

Versus

S.Rajasekaran S/o, Rudrakotti

...Respondent/Accused

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to pass an order directing the Judicial Magistrate No.1, Kanchipuram, Kanchipuram District, to conduct speedy trial in the above case in C.C.No.20 of 2019 on his file and complete the trial of the case within the stipulated time.

For Petitioner : Mr.G.M.Sankar

ORDER

This Criminal Original Petition has been filed by the petitioner to to pass an order directing the Judicial Magistrate No.1, Kanchipuram, Kanchipuram District, to consider speedy trial in C.C.No.20 of 2019 on his file and complete the trial of the case within the stipulated time.

2. The learned counsel for the petitioner submitted that the petitioner had filed his complaint on 24.08.2018 and the same was taken on file in C.C.No.20 of 2019. Thereafter the case has been periodically adjourned. In between, the case was referred to Lok Adalat on 07.02.2020 and thereafter no compromise arrived. In the Lok Adalat proceedings, the petitioner received Rs.45,000/- from the respondent accused on 04.01.2021 and the remaining though promised not paid. Thereafter due to the lockdown the case is periodically adjourned. Now the case is referred back to the court. Aggrieved for the settlement, memo has been filed with regard to the payment of Rs.45,000/- and the balance amount yet to be paid. Thereafter, the case has been periodically adjourned.

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3. From the perusal of typed set of papers, it is seen that the petitioner is yet to examine himself in chief and record his evidence or file proof affidavit under section 145 of the Negotiable Instruments Act. Considering the submissions, this Court directs the trial court to complete the trial within the period of six months from the date of receipt of copy of this order.

4. With the above directions, the Criminal Original Petition is disposed of.

s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar mfa To The Judicial Magistrate No.1, Kanchipuram, Kanchipuram District.

CRL.O.P.No.12217 of 2021 SKY(CO) SP(09/08/2021) https://hcservices.ecourts.gov.in/hcservices/