Madras High CourtCRL OP/26790/2025disposed of

Krishnan v. The State Rep By, The Inspector Of Police,

2025-09-26Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-09-2025

CORAM

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

1. The State Rep by, The Inspector of Police, Barur Police Station, Krishnagiri District.

2.Shanmugam Respondent(s) PRAYER To direct the 1st respondent to execute the NBW pending against the 2nd respondent by name Shanmugam issued by the Learned District-Munsifcum-Magistrate, Pochampalli, Krishnagiri in CC.No.92/2019. For Petitioner(s):

Mr.E.Kannadasan For Respondent(s):

Mr.R.Vinothraja, Govt. Advocate (Crl. Side), for R1

ORDER

The petitioner seeks direction to the the first respondent to execute the NBW pending against the 2nd respondent issued by the Learned DistrictMunsif-cum-Magistrate, Pochampalli, Krishnagiri in CC.No.92/2019.

2. It is the case of the petitioner that the second respondent borrowed a sum of Rs.3,00,000/- as hand loan and issued a post dated cheque bearing No.350564, dated 18.02.2019. After repeated demand of the said amount, the second respondent asked the petitioner to present the cheque for encashment stating that he has sufficient funds in his account. However, when he presented the cheque, the same was returned with endorsement "Funds Insufficient". After issuing lawyer notice, he filed a complaint under Section 200 Cr.P.C. before the learned Judicial Magistrate, Pochampalli, Krishnagiri District and the same was taken on file in C.C.No.92 of 2019. A summon was served on the second respondent on 13.08.2019 and he appeared before the Court through his counsel on 13.09.2019. Subsequently, from 19.11.2020, he has not appeared before the Court. Hence, more than 5 times, NBW were issued against the second

respondent. The case is pending before the Magistrate from 2019 onwards without any progress. Hence, the present petition.

3. The learned Govt. Advocate (Crl. Side) would submit that the accused is in Bangalore and he will try to execute the NBW and produce him before the next hearing.

4. The above statement of the learned Govt. Advocate (Crl. Side) is recorded. The respondent shall execute the warrant expeditiously and produce the accused before the Trial Court.

5. With the above direction, this petition is disposed of. 26-09-2025 pvs Index:Yes/No Speaking/Non-speaking order Internet:Yes

To The Inspector of Police, Barur Police Station, Krishnagiri District.

N.SATHISH KUMAR J.

pvs CRL OP No. 26790 of 26-09-2025