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Madras High CourtCRL OP/14395/2023disposed of

M/S.Sri Srinivasa Export v. Sanjeev Kumar

2023-06-27Honourable Mr Justice G. Chandrasekharan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.06.2023

CORAM

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN Sri Srinivasa Export, represented by its Prop.S.Sriram ... Petitioner Vs.

Sanjeev Kumar, Director A.K.Creations (P) Ltd., C-58/4, Ukka Industrial Area, Phase-2, New Delhi-100020.

... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the Principal District and Sessions Judge, Erode to dispose the Crl.RC.31 of 2022 with a time frame fixed by this Hon'ble Court. For Petitioner : Mr.M.Soundar Vijay Arul Ram

ORDER

This Criminal Original Petition has been filed directing the learned Principal District and Sessions Judge, Erode to dispose the Crl.RC.No.31 of 2022 within a time frame fixed by this Hon'ble Court.

2. The learned counsel for the petitioner submitted that the petitioner

filed a complaint under Section 138 of NI Act against the respondent and the case is pending in S.T.C.No.668 of 2018 on the file of the learned Principal District and Sessions Judge, Erode. The respondent filed a petition under Section 91 of Cr.P.C for summoning certain documents. The learned Judicial Magistrate (Fast Tract Court No.II) at Erode, dismissed the petition filed in Crl.M.P.No.3308 of 2022. Against the said order, the respondent filed Crl.R.C.No.31 of 2022 along with the stay petition. The learned Principal District and Sessions Judge, Erode, on 15.07.2022, granted stay of all further proceedings in S.T.C.No.668 of 2018. The revision petition is not at all maintainable and therefore, keeping the revision petition pending with the grant of stay is an abuse of process of law. Thus, he prayed for earlier disposal of Crl.R.C.No.31 of 2022.

3. In the said circumstances stated by the learned counsel for the petitioner and that the issue involved is very limited in scope, this Court directs the learned Principal District and Sessions Judge, Erode, to dispose the Crl.R.C.No.31 of 2022 as expeditiously as possible, preferably within a period of four weeks from the date of receipt of a copy of this order.

4. With the above directions, this Criminal Original Petition is disposed of.

27.06.2023 Index:Yes/No Speaking/Non speaking order mn G.CHANDRASEKHARAN.J.,

mn 27.06.2023