T.Balu v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.04.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN T.Balu ... Petitioner Vs

1. The Inspector of Police, T 10, Thirumullaivoyal Police Station, Thirumullaivoyal, Chennai - 600 109.

2. P.Sridevi ... Respondents Criminal Original Petition is filed under Section 528 of B.N.N.S., to direct the first respondent Police to execute the non-bailable warrant dated 08.02.2025 issued against the second respondent/accused in judgement dated 07.12.2024 passed in STC No.3076 of 2024 by the FTC-I, Metropolitan Magistrate at Allikulam, Chennai and produce the second respondent/accused before the said Court.

For Petitioner : Mr.G.Derrick Sam For Respondents : Mr.A.Gopinath, Government Advocate (Crl.Side) (for R1) 1/5

O R D E R

This Criminal Original petition has been filed to direct the first respondent to execute the non-bailable warrant against the second respondent in STC No.3076 of 2024 passed by the FTC-I, Metropolitan Magistrate at Allikulam, Chennai.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the first respondent and perused the materials available on record.

3. The petitioner is the complainant and the second respondent is an accused in STC No.3076 of 2024. After full-fledged trial, the Trial Court convicted the second respondent for the offences punishable under Section 138 of the NI Act and sentenced her under Section 255(ii) of Cr.P.C. to undergo simple imprisonment for a period of six months and also awarded compensation to the tune of Rs.7,00,000/-, in default to undergo two months simple imprisonment. Thereafter, the second respondent did not prefer any 2/5

appeal so far, and she also failed to comply with the order passed by the trial Court and did not surrender so far. Therefore, the trial Court issued a nonbailable warrant against the second respondent, and it is pending on the file of the first respondent.

4. In view of the above, the first respondent is directed to execute the non-bailable warrant against the second respondent in STC No.3076 of 2024 within a period of two weeks from the date of receipt of a copy of this order. The petitioner is directed to furnish the correct address of the second respondent and co-operate while executing the non-bailable warrant.

5. With the above observations, this Criminal Original Petition is disposed of.

30.04.2025 Index:Yes/No kv 3/5

To

1. The Inspector of Police, T 10, Thirumullaivoyal Police Station, Thirumullaivoyal, Chennai - 600 109.

2. The FTC-I, Metropolitan Magistrate at Allikulam, Chennai.

3. The Public Prosecutor, High Court of Madras.

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G.K.ILANTHIRAIYAN, J.

kv 30.04.2025 5/5