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Madras High CourtCRL OP/22810/2018disposed of

Pms Financiers, v. The Superintendent Of Police,

2018-09-26Honourable Mr Justice P. Rajamanickam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.09.2018

CORAM:

The Hon'ble Mr.Justice P. RAJAMANICKAM CRL.O.P.No.22810 of 2018 M/s.P.M.S.Financiers, Represented by Mr.Dinesh Kumar Managing Partner .. Petitioner Vs.

1.The Superintendent of Police, Kanchipuram District, Kanchipuram.

2. The Inspector of Police, Chengalpet Police Station, Kancheepuram -603 002.

3. MR.C.N.C.Saravanan .. Respondents PRAYER:

Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the first and second respondent to execute the Non Bailable warrant issued in C.C.No.2236 of 2016 on the file of the Hon'ble FTC-II 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 first and second respondent to execute the Non-Bailable warrant issued against the third respondent/accused in C.C.No.2236 of 2016 on the file of the learned FTC-II 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 Instruments Act against the third respondent and based on the said complaint, the learned FTC-II Metropolitan Magistrate, Egmore, Chennai has taken the case on file in C.C.No. 2236 of 2016 and tried the case. He https://hcservices.ecourts.gov.in/hcservices/

further submitted that when the case was posted for defence side evidence, the third respondent not appeared and hence non-bailable warrant was issued on 10.07.2018, 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 non-bailable warrant.

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

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

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

1. The FTC-II Metropolitan Magistrate, Egmore, Chennai

2. The Superintendent of Police, Kanchipuram District, Kanchipuram.

3. The Inspector of Police, Chengalpet Police Station, Kancheepuram -603 002.

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

+ 2 ccs to M/s.Genicon & Assocites, Advocate Sr 67261 KR/12/11/18 CRL.O.P.No.22810 of 2018 https://hcservices.ecourts.gov.in/hcservices/