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Madras High CourtCRL OP/505/2016disposed of

Exide Industries Ltd v. S.Lokesh, Proprietor

2016-01-08Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.01.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.505 of 2016 Exide Industries Ltd., S-15, Economist House, II Floor, Thiru Vi Ka Industrial Estate, Guindy, Chennai 600 032.

Rep.by its authorised signatory K.Saravanan ... Petitioner Vs S.Lokesh, Proprietor, The Ideal Advertising Service, No.6, 1st Main Road, United India Nagar, Aynavaram, Chennai 600 023.

... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. to direct the learned XVIII Metropolitan Magistrate to hear and dispose of the Crl.M.P.No.9883 of 2013 to condone the delay of 10 days in filing the complaint (numbered before XIV Metropolitan Magistrate, Egmore) on 22.01.2016 or within such time as this Hon'ble Court may fix for disposal of the petition to condone the delay.

For Petitioner :

Mr.D.Abdullah For Respondent : C.Emalias APP

O R D E R

The present criminal original petition has been filed seeking a direction to the learned XVIII Metropolitan Magistrate to hear and dispose of Crl.M.P.No.9883 of 2013 to condone the delay of 10 days in filing the complaint (numbered before XIV Metropolitan Magistrate, Egmore) on 22.01.2016 or within the stipulated time.

2. It is the case of the petitioner that the petitioner filed a complaint as against the respondent under Section 138 of the Negotiable Instruments Act with a delay of 10 days in filing https://hcservices.ecourts.gov.in/hcservices/

the complaint. The said condonation petition was numbered as Crl.M.P.No.9688 of 2013 and it is pending for more than two years. Hence, the petitioner has come forward with this petition seeking a direction to the learned XVIII Metropolitan Magistrate to dispose of the petition in Crl.M.P.NO.9833 of 2013. 3.Heard the learned counsel appearing for the petitioner and in view of the order that is going to be passed, there is no need to issue notice to the respondent. 4.Considering the submissions made by the learned counsel appearing for the petitioner, this Court directs the learned XVIII Metropolitan Magistrate, Egmore, Chennai to expedite the hearing in Crl.M.P.No.9883 of 2013 i.e petition filed by the petitioner to condone the delay of 10 days in the filling the complaint and dispose of the same, preferably, within a period of one month from the date of receipt of a copy of this order.

5.Accordingly, this criminal original petition is disposed of.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar To 1.

The learned XVIII Metropolitan Magistrate, Egmore, Chennai.

2. -Do- Thro The Chief Metropolitan Magistrate, Egmore, chennai-8.

3.

XIV Metropolitan Magistrate, Egmore, chennai +1cc to Mr.D.Abdulla, Advocate, S.R.No.1646 Crl.O.P.No. 505 of 2016 skv(CO) srg (12/01/2016) https://hcservices.ecourts.gov.in/hcservices/