Madras High CourtCRL OP/12240/2025disposed of

N.Rajiv Naidu v. The Inspector Of Police,

2025-04-23Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN N.Rajiv Naidu ... Petitioner Vs The Inspector of Police, R1, Police Station, Mambalam, Chennai-600 017.

... Respondent PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 482 of Cr.P.C, to direct the respondent police to execute the non bailable warrant issued by the Hon'ble Fast Track Court-III, Saidapet, dt.02.04.2025 against accused persons namely P.Udhayakumar and Bhuvaneshwari Udhayakumar.

For Petitioner : Mr.Vaibhav Rangarajan Venkatesh For Respondent : Mr.A.Gopinath Government Advocate (Crl.side)

ORDER

This Criminal Original Petition has been filed for direction directing the respondent police to execute the non bailable warrant issued by the Fast Track Court-III, Saidapet, dt.02.04.2025 against accused persons namely P.Udhayakumar and Bhuvaneshwari Udhayakumar.

2. Heard the learned counsel for the petitioner and the learned

Government Advocate (Crl.side) for the respondent and perused the materials placed on record.

3. The petitioner is the complainant and filed a complaint for the offences punishable under Sections 138 and 141 of Negotiable Instruments Act as against the accused in C.C.No.121 of 2018, on the file of the Fast Track Court-III, Metropolitan Magistrate, Saidapet, Chennai. After fulfledged trial, the Trial Court convicted the accused for the offence punishable under Section 138 of Negotiable Instruments Act, by an order dated 02.12.2023. Aggrieved by the same, the accused preferred appeals in Crl.A.Nos.811 to 813 of 2023, on the file of the XVII Additional City Civil Court, Chennai. The appellate Court, by an order dated 28.03.2025 dismissed the appeals, confirming the order of conviction passed as against the accused.

4. Thereafter, the accused did not surrender and comply with the order passed by the Trial Court. Therefore, the Trial Court had issued NonBailable Warrant as against the accused and it is pending on the file of the respondent.

5. In view of the above, the respondent is directed to execute the Non-Bailable Warrant issued as against the accused in C.C.No.121 of 2018, on the file of the Fast Track Court-III, Metropolitan Magistrate, Saidapet, Chennai, within a period of twelve weeks from the date of receipt of a copy of this order. The petitioner is directed to furnish the correct address of the accused and cooperate while executing the Non-Bailable Warrant issued as against the accused.

6. With the above directions, this Criminal Original Petition stands disposed of.

23.04.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order mn

G.K.ILANTHIRAIYAN. J, mn To

1. The Inspector of Police, R1, Police Station, Mambalam, Chennai-600 017.

2. The Public Prosecutor, High Court, Madras.

23.04.2025