M/S. P M S Financiers, v. The Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.09.2018

CORAM:

The Hon'ble Mr.Justice P. RAJAMANICKAM CRL.O.P.No.22800 of 2018 M/s.P.M.S.Financiers, Represented by Mr.Dinesh Kumar Managing Partner .. Petitioner Vs.

1. The Commissioner of Police, Chennai District, Chennai

2. The Inspector of Police T-4, Maduravoyal Police Station Chennai -600 094 3.Mr.Muthu .. Respondents PRAYER:

Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the first and second respondent to execute the Bailable warrant issued in C.C.No.2234 of 2016 on the file of the Hon'ble XX-Metropolitan Magistrate, Egmore, Chennai against the third respondent/accused within specified time.

For Petitioner : Mr.T.V.Suresh Kumar For Respondents : Ms.M.Prabhavathi Additional Public Prosecutor for R1&R2

O R D E R

This petition has been filed by the complainant to direct the respondents 1 and 2 to execute the Bailable warrant issued against the third respondent in C.C.No.2234 of 2016 on the file of the learned XX Metropolitan Magistrate, Egmore, Chennai.

2. The learned counsel for the petitioner has submitted that the petitioner herein has filed a private complaint under section 138 of the Negotiable Instrument Act against the third respondent and based on the said complaint, the learned XX Metropolitan Magistrate, Egmore, Chennai has taken the case on file in C.C.No.2234 of 2016 and tried the case. He further https://hcservices.ecourts.gov.in/hcservices/

submitted that when the case was posted for defence side evidence, the third respondent not appeared and hence bailable warrant was issued on 03.10.2017, but, so far, the respondents 1 and 2 have not taken any steps to execute the said warrant and hence he requests to direct the respondents 1 and 2 to execute the said warrant at early.

3. The learned Public Prosecutor has submitted that two months time may be granted for executing the bailable warrant.

4. Considering the aforesaid submissions, the respondent No.2 is directed to execute the bailable warrant within six weeks from the date of receipt of a copy of this order.

5. With the aforesaid directions, this petition is disposed of.

vsn/vv Deputy Registrar /true copy/ Sub Asst. Registrar To

1. The XX Metropolitan Magistrate, Egmore, Chennai

2. The Commissioner of Police, Chennai District Chennai

3. The Inspector of Police T-4, Maduravoyal Police Station Chennai -600 094

4. The Public Prosecutor, High Court of Madras, Chennai.

+ 2 ccs M/s.Genicon and Associates, Advocate Sr 67258 KR/12/11/18 CRL.O.P.No.22800 of 2018 https://hcservices.ecourts.gov.in/hcservices/