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Madras High CourtCRL OP/28923/2015disposed of

Mrs.Vasuki Rajagopal v. A.Chidambaram

2015-12-07Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.12.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.28923 of 2015 Vasuki Rajagopal ... Petitioner Vs A.Chidambaram ... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. to direct the IV Fast Track/Metropolitan Magistrate Level Court, George Town, Chennai, to complete the trial of the case in C.C.No.12229 of 2007 expeditiously.

For Petitioner :

Mr.C.K.M.Appaji For Respondent :

Mr.C.Emalias Additional Public Prosecutor

ORDER

The present criminal original petition has been filed seeking a direction to the IV Fast Track / Metropolitan Magistrate Level Court, George Town, Chennai, to complete the trial of the case in C.C.No.12229 of 2007 expeditiously.

2. It is the case of the petitioner that she has filed a private complaint as against the respondent under Section 138 of the Negotiable Instruments Act and the same was numbered as C.C.No.12229 of 2007 and is pending before the IV Fast Track / Metropolitan Magistrate Level Court, George Town, Chennai for the past eight years. Hence, the present petition.

3. Learned counsel appearing for the petitioner submitted that though the petitioner has filed proof affidavit as early as in the year 2014, the respondent has not chosen to cross examine her and he is intentionally dragging on the proceedings by filing petitions one after another. Further, he has submitted that the respondent filed number of petitions under Section 91 Cr.P.C. for production of unrelated documents and all the applications were repeatedly dismissed. In spite of the same, the respondent has not chosen to proceed with the trial. Further, as against the dismissal order, the respondent has also not preferred any revision before this Court. https://hcservices.ecourts.gov.in/hcservices/

Thus, he sought for a direction to the IV Fast Track / Metropolitan Magistrate Level Court, George Town, Chennai, to complete the trial of the case in C.C.No.12229 of 2007 expeditiously.

4. In view of the limited order going to be passed hereunder, this Court is of the opinion that there is no need for this Court to issue notice to the respondent.

5. Considering the facts and circumstances of the case, the IV Fast Track / Metropolitan Magistrate Level Court, George Town, Chennai, is directed to expedite the trial of the case in C.C.No.12229 of 2007 and complete the same as expeditiously as possible, preferably, within a period of four months from the date of receipt of a copy of this order. The Criminal Original Petition is disposed of accordingly.

-sdAssistant Registrar //True copy// Sub Assistant Registrar sbi To 1.The IV Fast Track/Metropolitan Magistrate Level Court, George Town, Chennai.

+1 C.C. To MR.C.K.M.APPAJI Advocate sr.no.65848 Crl.O.P.No.28923 of 2015 PUR(CO) AN 29/12/2015 https://hcservices.ecourts.gov.in/hcservices/