T.Nagaraj v. E.Paramasivam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.11.2022

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA T.Nagaraj ...

Petitioner versus E.Paramasivam ...

Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, praying to direct the learned Judicial Magistrate, Ootacamund, The Nilgiris to expedite the trial in S.T.C.No.503 of 2019 and dispose of the same within a stipulated time as may be fixed by this Court. For Petitioner : Mr.J.Bharathiraja

O R D E R

This Criminal Original Petition has been filed to direct the learned Judicial Magistrate, Ootacamund, The Nilgiris, to expedite the trial in S.T.C.No.503 of 2019 and dispose of the same. 1/4

2.

The learned counsel for the petitioner submitted that the petitioner has filed a private complaint against the respondent for the offence under Section 138 of Negotiable Instruments Act. Despite the case has been filed in the year 2019, so far no progress has been made. 3.

On perusal of E-Court diary status, it is seen that the petitioner himself has filed his chief in evidence only on 09.06.2022 and the case stands posted for cross but subsequently the case has been adjourned on several occasions. It is submitted by the learned counsel for the petitioner that cross examination has not yet been completed. Since the trial has been opened, the matter has to be disposed of. Since it is a summons case and P.W.1 has been examined in chief long back, I feel it is appropriate to direct the Judicial Magistrate, Ootacamund, The Nilgiris, to dispose the case as expeditiously as possible.

4.

Accordingly, this Criminal Original Petition stands disposed of and the learned Judicial Magistrate, Ootacamund, The Nilgiris, is directed to dispose of the case in S.T.C.No.503 of 2019 preferably within a period of three (3) months from the date of receipt of a copy of this order. 2/4

09.11.2022 Speaking order / Non-speaking order Index : Yes / No Internet : Yes sri To 1.The Judicial Magistrate, Ootacamund, The Nilgiris.

2.The Public Prosecutor, Madras High Court, Chennai.

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R.N.MANJULA , J.

sri 09.11.2022 4/4