Ramkumar v. Ashok Kumar @ Ashokamurugan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.11.2022
CORAM
THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.18497 of 2022 Ramkumar
...Petitioner
vs Ashok Kumar @ Ashoka Murugan
...Respondent
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Judicial Magistrate, Kodaikanal to expedite the trial pending in STC No.121 of 2020 within the time stipulated by this Court. For Petitioner : Mr.S.Maruthupandian
O R D E R
This Criminal Original Petition had been filed to direct the learned Judicial Magistrate, Kodaikanal to expedite the trial pending in STC No.121 of 2020 within the time stipulated by this Court.
2. The Petitioner is the Complainant in a case under 138 of the Negotiable Instrument Act pending on the file of the learned Judicial 1/4
Magistrate, Kodaikanal in STC No.121 of 2020. The Petitioner seeks direction to dispose of the case within the specified time.
3. The learned Judicial Magistrate, Kodaikanal is directed to dispose the case in STC No.121 of 2020 within a reasonable period of two months from the date of receipt of a copy of this order. Since it is a case under 138 of the Negotiable Instrument Act there may not be too many witnesses as in the case investigated by the Police. The Complainant is directed to produce witnesses promptly. The learned Judicial Magistrate, Kodaikanal is directed to follow the guidelines of the Hon'ble Supreme Court in the case Vinod Kumar -vs- State of Punjab reported in 2015 (1) MLJ (Crl) 288 (SC) thereby not adjourning the case at the whims and fancies of the accused or their Counsel. When witnesses are present in Court he shall prevail upon the Counsel appearing for the accused and cross examine them.
4. With the above direction, the Criminal Original Petition stands disposed of.
17.11.2022 Internet:Yes./No Index:Yes/no aav 2/4
To The Judicial Magistrate, Kodaikanal 3/4
SATHI KUMAR SUKUMARA KURUP , J.
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