Madras High CourtCRL OP/28315/2018disposed of

S.Mohana Sundharam v. V.P.Mani

2018-12-05Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.12.2018

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.28315 of 2018 S.Mohana Sundharam

...Petitioner

-VsV.P.Mani ... Respondent Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the Fast Track Court (Judicial Magistrate) Vellore, Vellore District, to consider the surrender petition of the petitioner on the same day and enlarge him on bail in C.C.No.70 of 2016 pending on the file of the Fast Track Court (Judicial magistrate) Vellore, Vellore District. For Petitioner : Mr.M.Sathish Kumar

ORDER

This Criminal Original Petition has been filed seeking a direction the Fast Track Court (Judicial Magistrate) Vellore, Vellore District, to consider the surrender petition of the petitioner on the same day and enlarge him on bail in C.C.No.70 of 2016 pending on the file of the Fast Track Court (Judicial magistrate) Vellore, Vellore District.

2. The petitioner is arrayed as accused in C.C.No.70 of 2016, on the file of the Fast Track Court, (Judicial Magistrate), Vellore, Vellore District , for the offences punishable under Section 138 of Negotiable Instruments Act.

3. Due to his illness, the petitioner was absent during the trial in C.C.No.70 of 2016, on the file of the Fast Track Court (Judicial Magistrate), Vellore, Vellore District. Therefore, a non-bailable warrant came to be issued on 11.10.2017.

4. The learned counsel appearing for the petitioner undertakes that the petitioner shall appear before the Court below regularly on all future hearing dates without fail.

5. Considering the undertaking given by the petitioner, the petitioner is directed to appear before the Fast Track Court, https://hcservices.ecourts.gov.in/hcservices/

(Judicial Magistrate), Vellore, Vellore District, within a period of two weeks from today and to file a petition to recall the NBW issued against him. The concerned Magistrate is directed to consider the same on merits and pass orders on the same day. The Court below is directed to complete the proceedings in C.C.No.70 of 2016 within a period of three months from the date of receipt of a copy of this order.

6. Accordingly, the Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar kal To 1.The Fast Track Court (Judicial Magistrate), Vellore, Vellore District +1 cc to M/s.M.Sathish Kumar, Advocate Sr.No.83468 Crl.O.P.No.28315 of 2018 AK(CO) CSL/07.01.2019 https://hcservices.ecourts.gov.in/hcservices/