Madras High CourtCRL OP(MD)/13534/2017dismissed

M.Natesan v. R.Senthilkumar

2017-10-06Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.10.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR Crl.O.P.(MD) No.13534 of 2017 M.Natesan ... Petitioner/Complainant -VsR.Senthilkumar ... Respondent/Accused PRAYER: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, praying to direct the Learned Judicial Magistrate No.II, Dindigul in C.C.No.564 of 2014 to dispose the case within stipulated time by this Court.

For Petitioner :

Mr.C.M.Mari Chellaiah Prabhu

O R D E R

This Criminal Original Petition is filed for issuing a direction to the Learned Judicial Magistrate No.II, Dindigul, to complete the trial and dispose of the C.C.No.564 of 2014 within stipulated time by this Court.

2.The petitioners states that the complaint in the case pending before the lower Court though it was filed in 2014. 3.Even after though it is simple case of dishonour of cheque it is stated that unnecessarily the case is being adjourned because of the non co-operation of the respondent. In the said circumstances, the petitioner approached this court for a direction to dispose the case within a time stipulated by this Court.

4. On a perusal of the 'B' Diary extract in respect of the proceedings of the lower Court, it is clearly indicated that the matter is being adjourned on several occasions, because of the absence of the parties.

5. From the 'B' Diary Extract produced by the petitioner before this Court, it is seen that though the accused was present on few occasions, it is the complainant who was absent on many occasions from 21.04.2014. From April 2017, it was only at the instance of the petitioner, the matter is being adjourned. In https://hcservices.ecourts.gov.in/hcservices/

these circumstances this Court does not any bona fide in the petition filed by the petitioner. Hence, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar (CS-I) /True copy/ Sub Assistant Registrar To The Judicial Magistrate No.II, Dindigul.

MK/MR KKR/SAR-1/30.10.2017/2P/2C Crl.O.P.(MD) No.13534 of 2010 06.10.2017 https://hcservices.ecourts.gov.in/hcservices/