Madras High CourtCRL OP(MD)/7351/2018disposed of

G. Suresh v. S. Ravi

2018-06-04Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.06.2018

CORAM:

THE HONOURABLE MR. JUSTICE D.KRISHNAKUMAR Crl.O.P.(MD)No.7351 of 2018 G.Suresh ... Petitioner Vs.

S.Ravi

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the Trial Court to expedite the trial in S.T.C.No.1040/2013 on the file of the Judicial Magistrate, Thuraiyur.

For Petitioner : Mr.S.Muthukrishnan

ORDER

This petition has been filed, seeking a direction to the Trial Court to expedite the trial in S.T.C.No.1040/2013 on the file of the Judicial Magistrate, Thuraiyur.

2.According to the learned counsel appearing for the petitioner, his complaint has been registered under Sections 138 and 142 of the Negotiable Instrument Act and taken on file in S.T.C.No.1040 of 2013. After the completion of trial, the third respondent had filed a petition to recall the P.W.1 for further cross examination before the learned Judicial Magistrate, Thuraiyur, and the same was dismissed. Thereafter, he filed a Criminal Revision before the Principal District Judge, Trichirappalli to set aside the order of the learned Judicial Magistrate, Thuraiyur and the same was allowed, but the third respondent did not cross examine the P.W.1 on the hearing date. Subsequently, the case was posted on 07.05.2018. At this stage, the present Criminal Original Petition has been filed with the aforesaid prayer.

3.Taking into consideration of the fact that after the completion of trial, the third respondent had filed the application to recall the P.W.1 and now the matter has been posted for cross examination, without going into the merits of the case, this Court is inclined to direct the learned Judicial Magistrate, Thuraiyur, to dispose of the case in S.T.C.No.1040 of 2013 as https://hcservices.ecourts.gov.in/hcservices/

expeditiously as possible preferably within a period of six months from the date of receipt of a copy of this order, if there is no legal impediments.

4.This Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To The Judicial Magistrate, Thuraiyur.

+ 1 cc TO Mr.S.Muthukrishnan , Advocate in SR No. 66879 Myr AE/SV/SAR2/13.06.2018/2P/3C Crl.O.P.(MD)No.7351 of 2018 04.06.2018 https://hcservices.ecourts.gov.in/hcservices/