Madras High CourtCRL OP(MD)/4416/2021disposed of

G.Kala v. Dr.Rajini Kanth

2021-03-23Honourable Mrs Justice R. Hemalatha2 pages

Crl.O.P.(MD)No.4416 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.03.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE R. HEMALATHA Crl.O.P.(MD)No.4416 of 2021 G.Kala ... Petitioner Vs.

Rajini Kanth ... Respondent Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the Judicial Magistrate No.II, (Fast Track Court Magisterial Level), Madurai to expedite the trial in STC.No.256 of 2016 within the stipulated time by this Court. For Petitioner : Mr.D.Venkatesh

ORDER

The present petition is filed seeking for a direction to the learned Judicial Magistrate No.II, (Fast Track Court Magisterial Level), Madurai to dispose of STC.No.256 of 2016. 2.Mr.D.Venkatesh, learned counsel appearing for the petitioner contended that though the petitioner/complainant filed a complaint against the respondent under Section 138 of the Negotiable Instrument Act in STC.No.256 of 2016, the accused did not appear before the Court, as a result of which, the case is pending for more than four years.

3.A perusal of extract of B-Diary shows that the respondent/accused did not cross-examine the witnesses of the petitioner and subsequently, the evidence on the side of the petitioner was closed. On 28.06.2018, the respondents/accused was questioned under Section 313 of the Code of Criminal Procedure and now, the case stands posted for examination of the witnesses on the side of the respondent/accused. Since STC is of the year 2016, the learned Judicial Magistrate No.II (Fast Track Court Magisterial Level), Madurai, is directed to dispose of STC.No.256 of 2016 as expeditiously as possible, preferably not later than six months. 4.With the above observation, the Criminal Original petition is disposed of.

Sd/- Assistant Registrar(CRL SIDE) // True Copy // / /2021 Sub Assistant Registrar(CS) https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.4416 of 2021 rmk Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Judicial Magistrate No.II, (Fast Track Court Magisterial Level), Madurai. 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

COPY TO The Registrar (Judicial), Madurai Bench of Madras High Court,Madurai.

+1 CC to M/s.D.VENKATESH, Advocate ( SR-13267[F] dated 24/03/2021 ) Crl.O.P.(MD)No.4416 of 2021 23.03.2021 vr(CO) TR(16.04.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2