Madras High CourtCRL OP(MD)/14345/2017allowed

A.C.Manikanan, v. M.Varadharaj,

2017-10-26Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.10.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD).No.14345 of 2017 A.C.Manikandan ... Petitioner/Complainant Vs.

M.Varadharaj ... Respondent/Accused Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the learned Judicial Magistrate No.II, Trichy, to expedite the proceedings in C.C.No.242 of 2015 within a time stipulated by this Court.

For Petitioner : Mr.K.Neethimohan

ORDER

This Criminal Original petition is filed for issuing a direction to the learned Judicial Magistrate No.II, Trichy, to expedite the proceedings in C.C.No.242 of 2015 within a time stipulated by this Court.

2. Heard the learned counsel appearing for the petitioner.

3. It is stated that the petitioner lodged a complaint as against the respondent for the offence under Section 138 of Negotiable Instruments Act and the same is pending in C.C.No.242 of 2015 on the file of the learned Judicial Magistrate No.II, Trichy. Though the complaint was lodged in the year 2015, it is stated by the petitioner that the proceedings before the lower Court is dragged on unnecessarily and the delay is mainly due to non co-operation of the accused.

4. From 'B' Diary extract, it is seen that the evidence on the petitioner's side is almost over and that the matter is being dragged on unnecessarily. Hence, this Court is inclined to pass the following direction:- "The learned Judicial Magistrate No.II, Trichy, is directed to expedite the trial in C.C.No.242 of 2015 and to dispose of the same as expeditiously as possible, preferably, within a period of three months from the date https://hcservices.ecourts.gov.in/hcservices/

of receipt of a copy of this order."

5. The Criminal Original petition is allowed, accordingly. Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar To

1. The Judicial Magistrate No.II, Trichy.

2. The chief Judicial Magistrate, Trichy.

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

+ 1 CC TO MR.K.Neethimohan, ADVOCATE IN SR No.83891 pmu JS/MR KKR/SAR-1/01.11.2017/2P/5C Crl.O.P.(MD).No.14345 of 2017 26.10.2017 https://hcservices.ecourts.gov.in/hcservices/