Madras High CourtCRL OP(MD)/4285/2020allowed

J.Newman v. M/S.Stalwart Mines And Minerals Pvt Ltd

2020-03-09Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)Nos.4285 and 4286 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.03.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)Nos.4285 and 4286 of 2020 J.Newman ... Petitioner in both petitions -vs1.M/s.Stalwart Mines and Minerals Pvt.Ltd., represented by its Directors, M.Kevi and T.Arunachalam, Citi Tower, Basement, No.117, Sri Thiyagaraja Road, T.Nagar, Chennai-1.

2.M.Kevin, 3.T.Arunachalam ... Respondents in both petitions PRAYER in Crl.O.P.(MD)No.4285 of 2020: Petition filed under Section 482 of the Criminal Procedure Code to direct the learned Judicial Magistrate No.II, Trichy to complete the trial in C.C.No.496 of 2018 and pronounce the judgment within the time frame as fixed by this Court.

PRAYER in Crl.O.P.(MD)No.4286 of 2020: Petition filed under Section 482 of the Criminal Procedure Code to direct the learned Judicial Magistrate No.II, Trichy to complete the trial in C.C.No.495 of 2018 and pronounce the judgment within the time frame as fixed by this Court.

For Petitioner :

Mr.D.S.Haroon Rasheed (in both petitions) COMMON ORDER The petitioner is the complainant in C.C.No.495 of 2018 and 496 of 2018 on the file of the learned Judicial Magistrate No.II, Trichy. These are private complaints filed under Section 138 of Negotiable Instruments Act.

2.The statute requires that such cases are to be disposed of within six months. But due to various difficulties, the learned Trial Magistrates are not in a position to adhere to this statutory mandate. Even a few days before, the Hon'ble Supreme Court has registered a suo motu Writ Petition to evolve a protocal for speedy disposal of the cases arising under Section 138 of Negotiable Instruments act.

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Crl.O.P.(MD)Nos.4285 and 4286 of 2020 3.The learned Judicial Magistrate No.II, Trichy, is directed to dispose of C.C.Nos.495 and 496 of 2018 on merits and inaccordance with law within a period of three months from the date of receipt of a copy of this order.

4.With this direction, these Criminal Original Petitions are allowed.

Sd/- Assistant Registrar (Records) // True Copy // / /2020 Sub Assistant Registrar(CS) pnn To 1.The Judicial Magistrate No.II, Trichy.

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