Madras High CourtCRL OP(MD)/1962/2016disposed of

Mahendiran v. R.Manavalan

2016-03-30Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.03.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP(MD) No.1962 of 2016 Mahendiran ..Petitioner/Complainant Vs R.Manavalan .. Respondent/Accused Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the learned I Additional District Munsif cum Judicial Magistrate, Kumbakonam to expedite the disposal of the case pending before the same in S.T.C.No.386/2006 within the time stipulated by the Honourable Court.

For Petitioner : Mr.R.Venkatesan For Respondent : K.R.RajaRajan Government Advocate(Crl Side)

O R D E R

This petition has been filed to direct the learned I Additional District Munsif cum Judicial Magistrate, Kumbakonam to expedite the disposal of the case pending before the same in S.T.C.No.386/2006 under Section 142 of Negotiable Instruments Act and Section 200 Cr.P.C.

2. Heard the learned Counsel for the petitioner.

3. Pursuant to the order dated 08.03.2016 passed by this Court, I Additional District Munsif-cum-Judicial Magistrate, Kumbakonam has sent a report dated 23.03.2016 wherein it is stated that the accused filed Cr.M.P.No.838 of 2014 under Section 311 Cr.P.C. which was dismissed by the trial Court on 21.11.2014. Aggrieved by the order, the accused have approached the Principal District and Sessions Judge in Cr.R.P.No.7 of 2016, on account of which, the trial Court is unable to proceed with the trial.

4. In view of the above, the petitioner is directed to enter appearance in Cr.R.P.No.7 of 2016 before the Principal District and Sessions Court, Thanjavur and the learned Principal District and Sessions Judge, Thanjavur is directed to dispose of Cr.R.P.No.7 of 2016 within a period of one month from the date of receipt of a copy of this order. Thereafter, the trial Court is directed to dispose of S.T.C.No.386 of 2006 within a period of three months from the date of receipt of copy of the order from https://hcservices.ecourts.gov.in/hcservices/

the Principal District and Sessions Judge, Thanjavur in Cr.R.P.No.7 of 2016. The trial Court is directed to obtain a bond for a sum of Rs.10,000/-(Rupees Ten Thousand Only) with two sureties each for a like sum under Section 88 Cr.P.C. from the accused. If the accused adopts any dilatory tactics, it is open to the trial Court to remand the accused to the judicial custody and proceed with the trial.

With the above directions, this Criminal Original Petition is disposed of.

Sd/ Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar/ To

1. I Additional District Munsif cum Judicial Magistrate, Kumbakonam.

2.The Principal District and Sessions Court, Thanjavur.

SDR:SKS-RR/15.04.2016:2p/3c Crl.OP (MD)No.1962 of 2016 30.03.2016 https://hcservices.ecourts.gov.in/hcservices/