Madras High CourtCRL OP(MD)/10373/2019disposed of

Saravanankumar v. Jeyaseelan

2019-09-19Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.10373 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.09.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.10373 of 2019 Saravanankumar

...Petitioner/Complainant

Vs.

1. Jeyaseelan ...1st Respondent/Accused 2.The Inspector of Police Oddanchatram Police Station, Dindigul District ...2nd Respondent PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the 2nd respondent to execute the bailable warrant against the 1st respondent issued on 07.09.2018 in C.C.No.23 of 2017 by the Judicial Magistrate, Oddanchatram within a time frame as fixed by this court.

For Petitioner : Mr.D.Venkatesh For R2 : Mr.K.Suyambulinga Bharathi Government Advocate(Crl.Side)

ORDER

This petition has been filed seeking direction to direct the 2nd respondent to execute the bailable warrant against the 1st respondent issued on 07.09.2018 in C.C.No.23 of 2017 by the Judicial Magistrate, Oddanchatram within a time frame as fixed by this court.

2.Heard both side.

3.The learned counsel for the petitioner submitted that the petitioner is the defacto complainant and he initiated proceedings under Section 138 of the Negotiable Instruments Act in C.C.No.23 of 2017 on the file of the learned Judicial Magistrate, Oddanchatram. Pending the said proceedings, on 07.09.2018, bailable warrant was issued as against the first respondent, till date, it is pending on the file of the second respondent. Hence, he filed this petition.

4.The learned Government Advocate (criminal side) submitted that the learned Judicial Magistrate, Oddanchatram, https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.10373 of 2019 issued Bailable Warrant as against the first respondent, which is still pending on the file of the second respondent. 5.Considering the above facts and circumstances of the case, the second respondent is directed to execute Bailable Warrant issued against the first respondent in C.C.No.23 of 2017 within a period of six weeks from the date of receipt of a copy of this order.

6.With the above direction, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) Ls To 1.The Judicial Magistrate, Oddanchatram.

2.The Inspector of Police Oddanchatram Police Station, Dindigul District 3.The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai.

+1 CC to M/s.D.VENKATESH, Advocate ( SR-88433[F] dated 23/09/2019 ) Crl.O.P.(MD) No.10373 of 2019 19.09.2019 KM/(04.10.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2