Madras High CourtCRL OP(MD)/4134/2020dismissed

T.Prabakaran v. A.Chandran

2020-03-05Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.4134 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.03.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.4134 of 2020 T.Prabakaran ... Petitioner/Accused Vs A.Chandran ... Respondent/Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the learned Judicial Magistrate (Fast Track Court), Karur, Karur District to consider and pass orders on the petition filed by the petitioner under Section 70(2) for recalling the non bailable warrant issued in C.C.No.169 of 2018 on the same day. For Petitioner : Mr.M.Karunanithi

ORDER

The petitioner was convicted and sentenced for the offence under Section 138 of the Negotiable Instrument Act in C.C.No.169 of 2018 on the file of the Judicial Magistrate (Fast Track Court), Karur Distrcit. Warrant has been issued against the petitioner. 2.The only course open to the petitioner is to move an appeal. If the petitioner had already filed an appeal, he must work out his remedies before the Appellate Court. The question of filing the petition under Section 482 of Cr.P.C., in respect of non bailable warrant issued against him before the jurisdictional Magistrate, does not arise.

Filing of this petition is misconceived. Therefore, leaving open the petitioner's right, this criminal original petition stands dismissed.

sd- Assistant Registrar(AD II) // True Copy // / /2020 Sub Assistant Registrar rmi To The Judicial Magistrate (Fast Track Court), Karur, Karur District.

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Crl.O.P.(MD)No.4134 of 2020 +1 CC to M/s.M.KARUNANITHI, Advocate ( SR-10406[F] dated 06/03/2020 Crl.O.P(MD)No.4134 of 2020 05.03.2020 AP(16.03.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2