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Madras High CourtCRL OP/27892/2015disposed of

Mr.R.Anand v. J. Manikandan

2015-11-19Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.11.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.27892 of 2015 R.Anand ... Petitioner Vs J.Manikandan ... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. to direct the learned Judicial Magistrate, Tambaram to dispose of calendar case in C.C.No.767 of 2011 pending on its file within a time frame.

For Petitioner :

Mr.T.Arockia Dass For respondent :

Mr.C.Emalias, Addl.Public Prosecutor.

O R D E R

The present criminal original petition has been filed seeking a direction to the learned Judicial Magistrate, Tambaram to dispose of calendar case in C.C.No.767 of 2011 pending on its file within a time frame.

2.The learned counsel for the petitioner submits that he has filed a private complaint against the respondent under Section 138 of the Negotiable Instruments Act and the same was taken on file in C.C.No.767 of 2011. He further submits that in the said case, witnesses have been examined and now it is in the stage of argument and only for the purpose of advancing the argument, the case has been continuously adjourned for the past two years. Taking advantage of the same, the accused is filing petition after petition to drag on the case. Hence, he has left with no other option, except to approach this Court with the present petition.

3.Heard the learned Additional Public Prosecutor. 4.Keeping in view of the above circumstances and since the case is pending from the year 2011 onwards, this Court directs the learned Judicial Magistrate, Tambaram, to expedite the https://hcservices.ecourts.gov.in/hcservices/

hearing in C.C.No.767 of 2011 and dispose of the same in accordance with law preferably within a period of two months from the date of receipt of a copy of this order. 5.With the above direction, this Criminal Original Petition is disposed of.

Sd/- Asst.Registrar (CCC) /true copy/ Sub Asst. Registrar kj To 1.Judicial Magistrate Tambaram 2.Do Thro The Chief Judicial Magistrate, Chengalpattu.

3.The Public Prosecutor, High Court, Madras.

+1 cc to T.Arockia Dass, Advocate, sr.62608 Crl.O.P.No.27892 of 2015 vs co kra 09.12.2015 https://hcservices.ecourts.gov.in/hcservices/