P.Dhanapaul Ebenezer v. Syed Ali Fathima

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.07.2025 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Crl.OP(MD)No.11320 of 2025 P.Dhanapaul Ebenezer ... Petitioner Vs Syed Ali Fathima

...Respondent

Prayer : Criminal Original Petition filed under Section 528 of BNSS, to issue a direction, to direct the Judicial Magistrate Court, Ambasamudram,Tirunelveli District to expedite the trial of case in C.C No.260 of 2022, pending before the Judicial Magistrate Court, Ambasamudram, Tirunelveli District on a day to day basis for completion of trial without giving frequent adjournments and dispose the case, within a time frame fixed by this Court. For Petitioner : Mr.R.Babu Jaganath

O R D E R

The petitioner has lodged a complaint before the Judicial Magistrate Court, Ambasamudram, Tirunelveli District, for the offence under Section 138 of Negotiable Instruments Act and the same is 1/4

pending in CC No.260 of 2022. The petitioner has approached this Court that the case of the year 2022 has not moved even upto questioning of the accused. According to the petitioner, the accused is evading the proceedings, whenever the case is posted for questioning. He has absconded and a non-bailable warrant of arrest was issued twice and thereafter he was secured. Even then the trial has not been progressed further.

2.This Court is unable to understand the manner, in which the case in CC No.260 of 2022 is pending without even questioning the accused for the past three years.

3.In view of the above, the trial court is directed to conclude the trial in CC No.260 of 2022, as expeditiously as possible, preferably within a period of eight months from the date of receipt of a copy of this order.

04.07.2025 NCC : Yes/No Index : Yes/No vrn 2/4

To The Judicial Magistrate Court, Ambasamudram, Tirunelveli District.

3/4

B.PUGALENDHI, J.

vrn Order made in Crl.OP(MD)No.11320 of 2025 04.07.2025 4/4