Madras High CourtCRL OP/10046/2026disposed of

Xcell Residency Pg v. K.Vanitha

2026-04-21Honourable Mr Justice M. Nirmal Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.04.2026

CORAM

THE HON'BLE MR JUSTICE M. NIRMAL KUMAR CRL OP No.10046 of 2026 XCELL RESIDENCY PG, Rep. by its owner Mr.G.R.Suresh, H6/2, Kaveri Apartments, L.B.Road, Adyar, Chennai -20 ..Petitioner(s) Vs

1. Mrs.K.Vanitha

2. Mr.M.Karthick Kumar

3. Mr.C.Jayaseelan

4. Mrs.C.Vasantha ..Respondent(s) PRAYER: This Criminal Original Petition is filed under Section 528 of BNSS 2023, to issue a direction for the speedy disposal in S.T.C. No.1667 of 2025, pending on the file of Fast Track Court-III, (Metropolitan Magistrate Level for trial of cases under the NI Act), Saidapet, preferably within a time frame fixed by this Court.

For Petitioner(s):

Mr.R.Balaraman

ORDER

The Criminal Original Petition has been filed seeking a direction for speedy disposal of the proceedings in S.T.C. No.1667 of 2025, pending on the file of the Fast Track Court-III (Metropolitan Magistrate Level for trial of cases under the NI Act), Saidapet, within a time frame to be fixed by this Court.

2. The contention of the petitioner is that the respondent has been dragging on the proceedings by assigning one reason or another. It is further stated that the Trial Court has also been granting adjournments frequently. The case was filed on 28.01.2025, numbered on 10.03.2025, and the first hearing was held on the same day. Thereafter, the matter has been adjourned on several occasions. On 29.12.2025, the case was posted for questioning, and trial commenced thereafter. The examination of prosecution witnesses was completed on 12.12.2025. Subsequently, the accused filed a petition to recall P.W.1 for further cross-examination, which commenced on 11.02.2026. Though the complainant has been regularly appearing before the Trial Court, the accused has not cross-examined him and repeatedly seeking adjournments. The next hearing is posted on 04.05.2026.

3. In view of the above, the Trial Court is directed to ensure that the cross-examination of the complainant is completed on the said date, i.e., 04.05.2026, or on the next hearing date, preferably within a day or two. Thereafter, the Trial Court shall proceed with the trial and, in any event, complete the Trial within a period of four (4) months from the date of receipt of a copy of this order.

4. With the above direction, this Criminal Original Petition is disposed of. 21.04.2026 Index: Yes/No Speaking/Non-speaking order RKP To The Judge, Fast Track Court III, Metropolitan Magistrate Level for trial of cases under the NI Act, Saidapet.

M.NIRMAL KUMAR, J.

CRL OP No.10046 of 2026 21.04.2026