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Madras High CourtCRL OP/22748/2025disposed of

Sathiya v. State Rep By Its The Inspector Of Police

2025-08-14Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-08-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR Sathiya Petitioner(s) Vs

1. State rep by its The Inspector of Police, Chettinadu Police Station, Kanadukathan Road, kanadukathan, Sivagangai District-630 103 2.State rep by its The Superintendent of Police O/o.The Superintendent of Police, Sivagangai Road, Sivagangai District-630 561 3.Mr.Karuppaiah Respondent(s) 1/5

PRAYER This Criminal Original Petition has been filed under Section 528 of BNSS to direct the 1st and 2nd respondents to execute the arrest warrant in STC.No.775 of 2023 issued by the Learned Judicial Magistrate , Fast Track Court, Poonamalle dated 02.04.2025.

For Petitioner(s):

Mr. V.Sairam For Respondent(s):

Mr. R.Vinothraja, Govt. Advocate (crl.side)

ORDER

This Criminal Original Petition has been filed to direct the respondents police to execute the Non Bailable Warrant issued against the 3 rd respondent/accused.

2. It is the case of the petitioner/defacto complainant that the 3 rd respondent/accused had borrowed a sum of Rs.10 lakhs, for which, he had also executed a promissory note for the said sum. When the cheque dated 25.06.2023 issued by the 3 rd respondent/accused for a sum of Rs.5,00,000/- was presented for collection, it was returned as "funds insufficient". Hence, STC No.775 of 2023 had been filed against him and by order dated 22.10.2024, the 2/5

Trial Court convicted the accused and sentenced him to undergo one year Simple Imprisonment and also directed him to pay a sum of Rs.8 lakhs as compensation within one month.

3. Subsequently, a Non Bailable Warrant was issued by the learned Magistrate and a separate communication dated 02.04.2025 was sent to the 2 nd respondent police to execute the same and arrest the 3 rd respondent /accused.

Since, the warrant has not been executed so far, the present petition has been filed.

4. The learned Government Advocate (crl. Side) appearing for the respondents 1 and 2 would submit that steps are being taken to secure the 3 rd respondent/accused and the warrant will be executed within a period of one month.

5. Considering the facts and circumstances of the case, and the submission made, the respondents 1 and 2 are directed to execute the Non Bailable Warrant issued against the 3 rd respondent/accused within a period of one month from today.

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

14-08-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes mrp

1. The Judicial Magistrate, Fast Track Court, Poonamallee.

2. The Inspector of Police Chettinadu Police Station, Kanadukathan Road, kanadukathan, Sivagangai District-630 103

3. The Superintendent of Police O/o.The Superintendent of Police, Sivagangai Road, Sivagangai District-630 561 4/5

N.SATHISH KUMAR J.

mrp 14-08-2025 5/5