Madras High CourtCRL OP(MD)/10756/2016dismissed

Jaisingh @ Antony Thathyu v. Arumugam

2016-11-25Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD).No.10756 of 2016 Jaisingh @ Antony Thathyu Jaisingh .. Petitioner Vs.

1.Arumugam

2. State rep.by its Inspector of police, Vadapalani Police Station, Chennai.

.. Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the Learned Judicial Magistrate court, Pudukottai to consider the warrant recall application if any, filed by the petitioner under section 70 (2) of Cr.P.C against the Non Bailable Warrant issued by the learned Judicial Magistrate court, Pudukottai in S.T.C.No.1251 of 2009 dated 10.06.2011. For Petitioner : Mr.S.J.Chakkaravarthy For R2 : Mr.K.Anbarasan Government Advocate (Criminal side)

ORDER

This petition has been filed for a direction to the Judicial Magistrate, Pudukottai to consider the warrant recall application if any, filed by the petitioner under Section 70(2) of Cr.P.C., against the Non-Bailable Warrant issued by the Judicial Magistrate, Pudukottai in S.T.C.No.1251 of 2009, dated 10.06.2011. 2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.side) appearing for the second respondent and perused the materials on record. 3.It is seen from the records that the private complaint filed by the first respondent under Section 138 of the Negotiable Instruments Act for dishonor of cheque amount of Rs.3,00,000/- is pending since 2009 and Non-Bailable Warrant could not be executed https://hcservices.ecourts.gov.in/hcservices/

against the petitioner for the past five years. 4.In view of the above facts and circumstances of the case, the petitioner is not entitled for any relief as sought for herein.

5.Accordingly, this Criminal Original Petition is dismissed. Sd/- Assistant Registrar(Records) /True copy/ Sub Assistant Registrar To 1.The Inspector of police, vadapalani Police Station, Chennai.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Am CSL/SKS-RR/14.12.2016 :2P/3C Crl.O.P(MD)No.10756 of 2016 25.11.2016 https://hcservices.ecourts.gov.in/hcservices/