N.Subbaiah v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.07.2025 CORAM :

THE HON'BLE MR.JUSTICE B.PUGALENDHI and CrlMP(MD)No.8747 of 2025 N.Subbaiah ... Petitioner Vs.

1.The District Collector, Cuddalore District.

2.A.Murugesan

...Respondents

Prayer : Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, to direct the 1st respondent to execute the attachment warrant as per the order passed by the Judicial Magistrate No.I (Fast Track Court at Magistrate Level), Madurai in Cr.MP.No.8373 of 2017 in STC No.455 of 2015 dated 08.10.2021 within the time limit stipulated by this Court.

For Petitioner : Mr.Babu Rajendran For Respondent : Mr.P.Kottaichmay, No.1 Government Advocate (Crl Side) 1/4

ORDER

The petitioner lodged a complaint against the 2nd respondent before the learned Judicial Magistrate No.I (Fast Track Court at Magistrate Level), Madurai under Section 138 of the Negotiable Instruments Act. The 2nd respondent failed to appear before the Court and therefore a nonbailable warrant of arrest was issued against him. Thereafter a proclamation order was passed and attachment order was also passed. Those orders have not been executed by the respondent police. Therefore, the petitioner is before this Court. 2.When this petition is taken up for hearing, the learned Government Advocate (Crl Side) has produced the death certificate of the 2nd respondent and submitted that 2nd respondent / the accused already died.

3.Since the accused had died, the charges are abated as against the accused. Therefore, this petition is closed. In view this order, CrlMP(MD)No.8747 of 2025 is closed.

07.07.2025 DSK 2/4

To 1.The Judicial Magistrate No.I (Fast Track Court at Magistrate Level), Madurai.

2.The District Collector, Cuddalore District.

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

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B.PUGALENDHI,J DSK 07.07.2025 4/4