Madras High CourtCRL OP(MD)/11520/2025disposed of

Nazeer Ahamed v. Saravanan

2025-07-10Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.07.2025 CORAM :

THE HON'BLE MR.JUSTICE B.PUGALENDHI Nazeer Ahamed ... Petitioner Vs.

Saravanan ... Respondent Prayer : Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, to direct the Judicial Magistrate No.II, Trichy to expedite the trial in CC.No.363 of 2018 and to conclude the same within the time frame as fixed by this Court. For Petitioner : Mr.D.S.Haroon Raheed

ORDER

The petitioner complainant in CC.No.363 of 2028 on the file of the learned Judicial Magistrate No.II, Trichy has filed this petition for a direction to the trial Court to conclude the trial within stipulated time. 1/4

2.The petitioner filed a complaint in CC No.363 of 2018 as against the respondent / accused under Section 138 of the Negotiable Instruments Act. Though his evidence was recorded in the year 2021, the respondent by not cross-examining him is evading the proceedings. He had filed an application to recall PW-1 and it was dismissed. Challenging the same the respondent before this court filed CrlOP(MD)No.9392 of 2024 and this Court on 04.09.2024 allowed the application with cost and also directed the trial Court to dispose of the case within period of one month. Though the order has been passed by this court on 04.09.2024, so far PW1 is not cross examined by the respondent and the matter is adjourned periodically without any valid reason.

3.Considering the manner in which the proceedings of the year 2018 is dragged on and is kept pending and considering the order dated 04.09.2024 passed by this Court in CrlOP(MD)No.9392 of 2024, this Court directs the learned Judicial Magistrate No.II, Trichy to dispose of the case in CC.No.363 of 2018 within a period of two months from the date of receipt of a copy of this order.

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4.This petition is disposed of in the above terms. 10.07.2025 DSK To 1.The Judicial Magistrate No.II, Trichy.

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

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B.PUGALENDHI,J DSK 10.07.2025 4/4