V.Gajarajan v. M/S Indian Power Projects Limited

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-06-2026

CORAM

THE HON'BLE MR JUSTICE M. NIRMAL KUMAR V.Gajarajan ..Petitioner(s) Vs

1. M/s Indian Power Projects Limited Rep by its Director, Mr. T. Mohan, Suite-D, 1st Floor, Sun Plaza Complex, 19, G N Chetty Road, Chennai 600 006.

2. T. Mohan

3. M. Anand ..Respondent(s) Criminal Original Petition filed under Section 407 of the Criminal Procedure Code to withdraw and transfer the Crl.A.No.404 of 2024 and connected Crl.M.Ps on the file of the XIX Additional Sessions Court, Chennai, to any other Court competent to try the same. For Petitioner(s):

M/s.R.Maheswari For Respondent(s):

Mr.Rajendran Ragavan

ORDER

This Criminal Original Petition has been filed to transfer the Criminal Appeal in Crl.A.No.404 of 2024 and connected Crl.M.Ps on the file of the XIX

Additional Sessions Court, Chennai, to any other competent Court to try the same.

2.The petitioner is the complainant in S.T.C.No.2032 of 2021 on the file of the Metropolitan Magistrate Court (FTC-II), Egmore @ Allikulam, Chennai, filed against the respondents/accused for the offence under Section 138 of the Negotiable Instruments Act. The trial Court, by its judgment dated 23.05.2024, convicted the respondents/accused and sentenced the respondents 2 and 3 to undergo simple imprisonment for six months and the respondents were directed to pay a sum of Rs.45,00,000/- as compensation to the petitioner within 30 days, in default, the respondents 2 and 3 were directed to undergo simple imprisonment for two months.

3.Aggrieved over the same, the respondents/accused had filed an Appeal in Crl.A.No.404 of 2024 before the XIX Additional Sessions Court, Chennai. Alleging inordinate delay in pronouncing judgment in the Criminal Appeal, the present Criminal Original Petition has been filed for transfer of the case to some other Court.

4.It is the contention of the petitioner that, though earlier they had made their elaborate arguments and also filed their written arguments before the then Presiding Officer, for some reasons, the case is being periodically adjourned

and therefore, the petitioner prays for appropriate orders directing the then Presiding Officer, who was frequently adjourning the case and not pronouncing the judgment, to dispose of the Appeal at the earliest. 5.However, now, it is submitted that the Presiding Officer now has been transferred on Annual Transfer and hence, the learned counsel on either side seek a direction to the present Presiding Officer to give preference to the Appeal and dispose of the same without any further delay. Both sides submitted that the Appeal is now posted on 08.06.2026 and on that day, they will be ready and they will advance their arguments before the present Presiding Officer and thereafter, the Sessions Court may decide and dispose of the Appeal without any further delay.

6.Considering the submissions made by the learned counsel on either side, both the learned counsel for the petitioner as well as the respondents shall advance their arguments before the Sessions Court on the day on which the Appeal is posted, i.e., on 08.06.2026, if the schedule of the Sessions Court is not disturbed. Otherwise, a short date can be fixed by the Sessions Court ascertaining the convenience of the learned counsel on either side and on such date, both the learned counsel for the petitioner as well the respondents shall advance their arguments before the Sessions Court and the Sessions Court shall give preference to the case in Crl.A.No.404 of 2024, hear the arguments, and

dispose of the same without any further delay, preferably within a period of three months.

7.With these directions, this Criminal Original Petition is disposed of. 03-06-2026 Index: Yes/No Speaking/Non-speaking order MKN To 1.The XIX Additional Sessions Judge, Chennai.

2.The Metropolitan Magistrate (FTC-II), Egmore @ Allikulam, Chennai.

M.NIRMAL KUMAR J.

MKN 03-06-2026