S.Mohammed Ayub Khan @ I.Mohammed Ayub Khan v. L.Ramamohan Reddy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.09.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P.No.14037 of 2022 S.Mohammed Ayub Khan @ I.Mohammed Ayub Khan ... Petitioner Vs.

L.Ramamohan Reddy ... Respondents PRAYER: Criminal Original petition filed under Section 482 Cr.P.C., to set aside the impugned order dated 04.08.2022 in Cr.M.P.No.827 of 2022 in S.T.C.No.15 of 2021 on the file of the learned Fast Track Court at Magisterial Level, Ambattur, Tiruvallur District. For Petitioner : Mr.J.Hariharan

O R D E R

This Criminal Original Petition has been filed seeking to set aside the impugned order dated 04.08.2022 in Cr.M.P.No.827 of 2022 in S.T.C.No.15 of 2021 on the file of the learned Fast Track Court at

Magisterial Level, Ambattur, Tiruvallur District.

2. The learned counsel for the petitioner would submit that the complaint was originally filed before the learned I Additional Judicial Magistrate of First Class, Kadapa, Andhra Pradesh on 21.03.2016 in C.C.No.311 of 2016, arraying the petitioner herein as the sole accused under Section 138 read with 142 of the Negotiable Instruments Act, 1881. Thereafter, the respondent herein examined himself as P.W.1 and he was also cross examined on behalf of the defence. However, the respondent filed a petition under Section 254(1) Cr.P.C before the learned Judicial Magistrate, Fast Track Court (Magisterial Level), Ambattur, Tiruvallur District, seeking to examine on K.P.Ashokan as P.W.2 and the same was allowed by way of the impugned order in Cr.M.P.No.827 of 2022 dated 04.08.2022. Therefore, it clearly shows that the respondent has intended to drag the case. Hence, he prays to allow this petition.

3. Heard both sides.

4. Considering the facts and circumstances of the case, this Court finds no infirmity or illegality in the order passed by the Court below.

5. Accordingly, this Criminal Original Petition is dismissed. Consequently, connected Miscellaneous Petition is closed. However, the trial Court is directed to complete the trial within a period of three months from the date of receipt of a copy of this order. 09.09.2022 Index: Yes/No Speaking order:Yes/No Anu To

1. The Judicial Magistrate, Fast Track Court (Magisterial Level), Ambattur, Tiruvallur District.

2. The Public Prosecutor, Madras High Court.

G.K.ILANTHIRAIYAN, J.

Anu and Crl.M.P.No.14037 of 2022 09.09.2022