Prabhu v. Arulmani

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-12-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA Prabhu S/o Subramani, Soolakarai Village and Post, Uthangarai Taluk, Krishnagiri District.

Petitioner(s) Vs Arulmani S/o Chidambaram, Mylampatti Village, Puliyampatti Post, Pochampalli Taluk, Krishnagiri District.

Respondent(s) PRAYER Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023/Section 482 Cr.P.C. to direct the learned District Munsif-cum-Judicial Magistrate, Pochampalli, Krishnagiri District to dispose of STC.No.769 of 2022 within a strict time frame to be fixed by this Honourable Court.

For Petitioner(s):

Mr. M. Vignesh V.Vadivalagia Nambi K.Prabhu S.Ragu

ORDER

This criminal original petition is filed to direct the learned District Munsif-cum-Judicial Magistrate, Pochampalli, Krishnagiri District to dispose of STC.No.769 of 2022 within a strict time frame to be fixed by this Honourable Court.

2.

Learned counsel for the petitioner submitted that the petitioner is the complainant in STC. No. 769 of 2022 pending on the file of learned District Munsif cum Judicial Magistrate, Pochampalli, Krishnagiri District, for the offence under Section 138 of Negotiable Instruments Act. He further submitted that the respondent/accused appeared before the Trial Court and agreed to go for mediation. However, in the mediation, he was not ready for settlement and chose to protract the proceedings. Thereafter, he did not appear before the Court and a warrant is pending against the accused. Learned counsel submitted that a mandate is cast upon the learned Trial Judge to conclude the trial within six months from the date of filing of the complaint. 3.

Heard the learned counsel for the petitioner. 4.

Admittedly, as per the submission of the learned counsel for the petitioner, a warrant is pending against the accused. Section 143 of Negotiable Instruments Act states that a mandate is cast upon the learned Trial Judge to complete the trial within a period of six months.

5.

In view of the above stated position, a direction is issued to the learned District Munsif cum Judicial Magistrate, Pochampalli, Krishnagiri District to take steps to ensure the presence of the accused and conclude the trial, as expeditiously as possible, in accordance with the mandate of Section 143 of Negotiable Instruments Act.

6.

The criminal original petition stands disposed of. 16-12-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes nv To

1. The District Munsif cum Judicial Magistrate, Pochampalli, Krishnagiri District.

2.Arulmani S/o Chidambaram, Mylampatti Village, Puliyampatti Post, Pochampalli Taluk, Krishnagiri District.

A.D.JAGADISH CHANDIRA J.

nv CRL OP No. 34264 of 16-12-2025