S.Balasundaram v. R.Suresh

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.03.2022

CORAM

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.Nos.15278 & 15400 of 2021 S.Balasundaram S/o.M.Subramaniam ... Petitioner in both Crl.O.P.s Vs R.Suresh S/o.G.Rajendran ... Respondent in Crl.O.P..No.15278 of 2021 1.M/s.Akshaya Meenakshi Silks, Represented by its Partner M/s.R.Suresh and S.Meenakshi, No.10, Gandhi Road, Thiruveethipallam, Kancheepuram - 63 501.

2.R.Suresh, Partner, M/s.Akshaya Meenakshi Silks, No.27, Kottai Kollai Subbarayar Street, Kancheepuram - 631 501.

3.S.Meenakshi, Partner, M/s.Akshaya Meenakshi Silks, No.27, Kottai Kollai Subbarayar Street, Kancheepuram - 631 501.

... Respondents in Crl.O.P..No.15400 of 2021 Prayer in Crl.O.P.No.15278 of 2021: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, a) to pass an order directing the Hon'ble FTC-II Metropolitan Magistrate Court at Allikulam, Chennai to dispose Crl.M.P.No.16368 of 2020 in C.C.No.443 of 2020 filed by the petitioner within a reasonable time stipulated by this Hon'ble High Court;

b) to commence the trial immediately and to dispose the case as expeditiously as possible as pending in the above said C.C.No.443 of 2020 or within a time limit to be fixed by this Court.

Prayer in Crl.O.P.No.15400 of 2021: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, a) to pass an order directing the Hon'ble FTC-II Metropolitan Magistrate Court at Allikulam, Chennai to dispose Crl.M.P.No.16369 of 2020 in C.C.No.985 of 2020 filed by the petitioner within a reasonable time stipulated by this Hon'ble High Court;

b) to commence the trial immediately and to dispose the case as expeditiously as possible as pending in the above said C.C.No.985 of 2020 or within a time limit to be fixed by this Court.

For Petitioner : Mr.S.Namasivayam

ORDER

These Criminal Original Petition have been filed, to direct the FTC-II Metropolitan Magistrate Court at Allikulam, Chennai to dispose Crl.M.P.Nos.16368 and 16369 of 2020 in C.C.Nos.443 and 985 of 2020 filed by the petitioner, to commence the trial immediately and to dispose the case as expeditiously as possible pending in above C.C.Nos.

2. The learned counsel for the petitioner would submit that the petitioner is a senior citizen and he would submit that the complaint has been filed in respect of C.C.Nos.443 and 985 of 2020 on the file of the FTC-II Metropolitan Magistrate Court at Allikulam, Chennai and the cases was taken file on 20.01.2020. After several adjournments, the case was posted for questioning on 14.10.2020 and was completed on the same day. On that day, the accused appeared and admitted to have issued a cheque and thereafter there is no progress in the case.

3. The learned counsel for the petitioner would submit that the petitioner is having an un-married daughter and the petitioner being a pensioner spending his life with P.P pension of Rs.2435 per month and thereby the present petition has been filed seeking for a direction to complete the trial at the earliest.

4. Heard the learned counsel for the petitioner and perused the materials available on records.

5. It is submitted that after questioning on 14.10.2020, there is no progress in the trial. In view of the above, a direction is issued to the Trial Judge to complete the trial in C.C.Nos.443 and 985 of 2020 in both the cases as expeditiously as possible, preferably, within a period of six months from the date of receipt of a copy of this order.

6. These Criminal Original Petitions stand disposed of with the above observation and direction.

Sd/- Assistant Registrar(CS-II) // True Copy // Sub Assistant Registrar rgm/arb To

1. The FTC-II Metropolitan Magistrate Court, Allikulam, Chennai.

2.-do-Chief Metropolitan Magistrate, Egmore, Chennai.

+2cc to Mr.S.Namasivayam, Advocate SR.No.22284, 22285 CRL.O.P.Nos.15278 & 15400 of 2021 SKM(CO) CB(18/04/2022)