Madras High CourtCRL OP(MD)/22701/2016disposed of

K.Jeeva v. K.Ramasubramaniyan

2016-12-01Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.12.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.22701 of 2016 K.Jeeva ... Petitioner -VsK.Ramasubramaniyan ... Respondent Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the Learned Judicial Magistrate No.II, (FTC), Madurai, to complete the trial in S.T.C.No.24 of 2016 and pronounce the Judgment within the time frame as fixed by this Honourable Court.

For Petitioner : Mr.K.Muthumalai

ORDER

This petition is filed for a direction to the learned Judicial Magistrate No.II, Fast Track Court, Madurai, to complete the trial in STC.No.24 of 2016, within a time limit.

2.Heard the learned counsel for the petitioner and perused the materials available on record.

3. Mr.K.Muthumalai, learned counsel for the petitioner would submit that the petitioner is the complainant in a private complaint filed under Section 138 of Negotiable Instruments Act for dis-honour of cheque, to the tune of Rs.81,50,000/-. It is further submitted that originally the case was filed before the learned Judicial Magistrate, Rajapalayam, in the year 2015 and subsequently transferred to the learned Judicial Magistrate No.II, Fast Track Court, Madurai, and renumbered as STC.24 of 2016.

4.The learned counsel would further submitted that the trial had commenced on 12.07.2016 and on that day PW1 was examined in chief and he has marked Ex.P1 to P18. Subsequently, the case was adjourned to 18.07.2016, 01.08.2016, 10.11.2016 and 18.11.2016, but there is no substantial progress in this case and the accused has been taking adjournments without any valid reason. It is further submitted that the complainant is entitled for speedy disposal of the case as guaranteed by the Constitution of India.

https://hcservices.ecourts.gov.in/hcservices/ 5.Considering the submissions made by the learned counsel for the petitioner, the learned Judicial Magistrate No.II, Fast Track Court,

Madurai, is directed to dispose of the case in STC.No.24 of 2016, as expeditiously as possible, preferably within a period of four months from the date of receipt of a copy of this order.

6.Accordingly, this Criminal Original Petition is disposed of. Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar To:

1.The Judicial Magistrate No.II, Fast Track Court, Madurai.

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

+1cc to MR. K.MUTHUMALAI SR NO.78399 pjl MSK/09.01.2017/2P-4C Crl.O.P.(MD) No.22701 of 2016 01.12.2016 https://hcservices.ecourts.gov.in/hcservices/