Madras High CourtCRL OP(MD)/13301/2022disposed of

P.Abdul Majith v. Chinnan @ Chinnasamy

2022-07-25Honourable Mr Justice V.Sivagnanam4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.07.2022

CORAM:

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM P.Abdul Majith, : Petitioner Vs Chinnan @ Chinnasamy, : Respondent PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to direct the learned Judicial Magistrate, Bodinayakanoor, Theni District to dispose the case in S.T.C.No.1829 of 2016, pending on his file, within stipulated time may be fixed by this Court. For Petitioner : M/s. Ayyanar Prem Kumar.S,

ORDER

This criminal original petition has been filed seeking a direction to the learned Judicial Magistrate, Bodinayakanoor, Theni District, to dispose of the case in S.T.C.No.1829 of 2016.

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2.The learned Counsel appearing for the petitioner submitted that the petitioner filed a private complaint against the respondent, for dishonour of cheque, which had been issued by the respondent/accused for a sum of Rs. 2,00,000/- and the same was taken on file in S.T.C.No.1829 of 2016, for the offences punishable under Section 138 of Negotiable Instruments Act, 1881, by the learned Judicial Magistrate, Bodinayakanoor, Theni District. Since the accused person was not appeared, bailable warrant had been issued against the accused person, on 18.09.2020. But, so far the same was not executed and the case is still pending.

3.On a perusal of records, it is seen that the complainant/petitioner put the cheque, which was issued by the accused/respondent, for collection, but the same was returned as 'fund insufficient'. Then, the petitioner had filed a private complaint against the respondent, for dishonour of cheque and the same was taken on file in S.T.C.No.1829 of 2016, for the offences punishable under Section 138 of Negotiable Instruments Act, 1881, by the learned Judicial Magistrate, Bodinayakanoor, Theni District. 2/4

4.Considering the facts and circumstances of the case, the learned Judicial Magistrate, Bodinayakanoor, Theni District, is directed to dispose of the case in S.T.C.No.1829 of 2016, within a period of six months from the date of receipt of a copy of this order.

5.With the above direction, this criminal original petition stands disposed of.

25.07.2022 Internet:Yes Index:Yes/No Speaking/Non speaking order lr 3/4

V.SIVAGNANAM, J.

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

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