Madras High CourtCRL OP(MD)/9725/2025disposed of

Charles v. Dushyendiran

2025-06-11Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.06.2025 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Crl.OP(MD)No.9725 of 2025 Charles ... Petitioner Vs Dushyendiran

...Respondent

Prayer : Criminal Original Petition filed under Section 528 of BNSS, directing the learned II Additional District Judge, Tiruchirappalli to dispose of he appeal in Crl.A.No.26 of 2022, on the file of the II Additional District Court, Tiruchirappalli, within the time frame fixed by this Court.

For Petitioner : Mr.D.Haroon Rasheed

O R D E R

The petitioner has lodged a complaint as against the respondent herein, under Section 138 of Negotiable Instruments Act in the year 2015. The Judicial Magistrate has conducted the trial in STC No.348 of 2017 and after a full-fledged trial, the respondent was 1/4

convicted and sentenced to undergo six months imprisonment with compensation of Rs.8,88,000/- and default sentence of three months was also imposed. As against the judgment of the trial Court, the respondent has filed an appeal in the year 2022, and the same is pending in Crl.A.No.26 of 2022, before the II Additional District Court, Tiruchirappalli. Along with the appeal, the respondent has filed an application in Crl.MP.No.5172 of 2022, under Section 391 of Cr.P.C, for examination of additional witnesses, however, he has not prosecuted that application. In view of the same, the criminal appeal filed by the respondent in Crl.A.No.26 of 2022 is kept pending for the past two years. Thereafter, the respondent has not pressed the above application. The grievance of the petitioner is that even after the dismissal of the application filed by the respondent, the first Appellate Court has not taken up the appeal for hearing. '

2.Considering the submissions made by the learned counsel for the petitioner and considering the limited relief sought for by the petitioner, this Criminal Original Petition is allowed. There shall be a direction to the learned II Additional District Judge, Tiruchirappalli to 2/4

conclude the trial in Crl.A.No.26 of 2022, within a period of two months from the date of receipt of a copy of this order. 11.06.2025 NCC : Yes/No Index : Yes/No Internet:Yes vrn To The II Additional District Judge, Tiruchirappalli 3/4

B.PUGALENDHI,J vrn Order made in Crl.OP(MD)No.9725 of 2025 11.06.2025 4/4