Mrs. Laurance Rosy, v. Mrs. Reeta,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.07.2025 Coram:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN Laurance Rosy ... Petitioner Vs.
1.Reeta
2. The State of Tamil Nadu Represented by the Commissioner of Police, Trichy City Police Office, Pudukottai Main Road Subramanianpuram, Trichy - 620 020
3. The Inspector of Police C-2 Sessions Court Police Station Cantonment, Trichy - 620 021 ... Respondents Prayer: Criminal Original Petition filed under Section 528 of B.N.S.S., to direct the 2 nd respondent, Commissioner of Police, Trichy, to execute the Nonbailable warrant issued by the IV, Fast Track Magistrate, George Town, Chennai to secure the accused Mrs.Reeta and produce her before the IV, Fast Track, Magistrate, George Town, Chennai, in C.C.No.2216 of 2018. 1/6
For Petitioner : Mr.M.Mohamed Nazar For 1 st Respondent : M/s.S.Ponmozhi For Respondents 2 and 3 : Mr.S.Vinoth Kumar Government Advocate (Crl. Side)
ORDER
This Criminal Original Petition has been filed by the petitioner to direct the 2 nd respondent, the Commissioner of Police, Trichy, to execute the Nonbailable warrant issued by the Metropolitan Magistrate, Fast Track Court-IV, George Town, Chennai to secure the accused namely Reeta/1 st respondent and produce her before the Metropolitan Magistrate, Fast Track Court-IV, George Town, Chennai in connection with C.C.No.2216 of 2018.
2. The case of the petitioner is that the petitioner had filed a complaint against the 1 st respondent under Section 138 of Negotiable Instruments Act in C.C.No.2216 of 2018 on the file of the Metropolitan Magistrate, Fast Track Court-IV, George Town, Chennai and the learned Magistrate, after trial, 2/6
convicted the 1 st respondent by judgment dated 23.11.2022 for the offence under Section 138 of Negotiable Instruments Act and sentenced her to undergo two months simple imprisonment and to pay compensation of Rs.7,50,000/- to the complainant within a period of two months. Challenging the same, the 1 st respondent/accused preferred an appeal in C.A.No.383 of 2022 on the file of the XV Additional Sessions Judge, City Civil Court, Chennai and the same was dismissed by judgment dated 03.07.2024 confirming the judgment of the trial Court. Thereafter, the petitioner neither preferred revision nor paid the compensation amount. Therefore, the trial Court issued Non Bailable Warrant against the 1 st respondent/accused to secure her as per the judgment dated 23.11.2022 and the sentence of imprisonment was undergone by the 1 st respondent/accused.
Thereafter, the petitioner represented before the trial curt on 24.02.2025 for issuance of distress warrant against the 1 st respondent/accused for realisation of compensation amount of Rs.
accused. Immediately, process was filed and warrant was sent to the 3 rd respondent on 13.03.2025. However, the 3 rd respondent failed to secure the 1 st respondent/accused. Despite several reminders/representations, the respondents police have failed to take any effective action. Therefore, the petitioner is constrained to file the present petition.
3. The learned counsel appearing for the 1 st respondent/accused submitted that the 1 st respondent is a aged about 70 years and she has already undergone the sentence of imprisonment.
4. Heard both sides and perused the materials available on record.
5. Considering the facts and circumstances of the case, the respondents police are directed to execute the Non Bailable Warrant issued by the Fast Track Court-IV, George Town, Chennai within a period of one week from the date of receipt of a copy of this order and produce her before the concerned Magistrate.
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6. With the above directions, this Criminal Original Petition is disposed of.
01.07.2025 Index : Yes / No Speaking Order : Yes / No ksa-2 To
1. The Metropolitan Magistrate, Fast Track Court-IV, George Town, Chennai
2. The Commissioner of Police, Trichy City Police Office, Pudukottai Main Road Subramanianpuram, Trichy - 620 020
3. The Inspector of Police C-2 Sessions Court Police Station Cantonment, Trichy - 620 021
4. The Public Prosecutor High Court of Madras, Chennai.
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P.VELMURUGAN,J.
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