← Library
Madras High CourtCRL OP(MD)/11367/2025dismissed

N.Bhupesh v. Mani Lakshmanan

2025-07-07Honourable Mr Justice B.Pugalendhi6 pages

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

THE HON`BLE MR.JUSTICE B.PUGALENDHI and Crl.M.P.(MD)Nos.8602 & 8639 of 2025 N.Bhupesh ... Petitioner in both Crl.OPs.

Vs.

1.Mani Lakshmanan ... Respondent in Crl.O.P.(MD)No.11367 of 2025 2.Lakshmi Lakshmanan ... Respondent in Crl.O.P.(MD)No.11367 of 2025 Common Prayer : Criminal Original Petitions filed under Section 528 BNSS, to direct the Additional District Court, Sivagangai to dispose the Criminal Revision Petitions in Crl.R.Nos.7 & 8 of 2025 within the time stipulated by this Court.

For Petitioner : Mr.R.Anand (In both Crl.OPs.) 1/6

COMMON ORDER The petitioner, who is the accused in C.C.Nos.85 & 84 of 2024 on the file of the Fast Track Court, Karaikudi, has filed this petition seeking a direction to the Additional District Court, Sivagangai to dispose the Criminal Revision Petitions in Crl.R.P.Nos.7 & 8 of 2025 within a time frame.

2.The learned counsel appearing for the petitioner submits that the complainants in these case are the business partners of the petitioner and they have misused the blank cheque by forging his signatures. The petitioner has taken a plea before the learned Judicial Magistrate, where the calender cases are pending, to refer the cheques for handwriting expert and the same was dismissed by the learned Judicial Magistrate by his order dated 14.03.2025. Aggrieved by the same, the petitioner filed revision petitions before the Additional District Court, Sivagangai in Crl.R.P.Nos.7 & 8 of 2025. Further, he submits that the petitioner has also taken out an application for interim stay of the proceedings in 2/6

C.C.Nos.85 & 84 of 2024. The learned Additional District Judge, Sivagangai has ordered notice in the revision petitions on 14.05.2025 and posted those cases on 30.06.2025. The Respondents in Crl.R.P.No.7 & 8 of 2024 have also entered appearance. However, the interim application filed by the petitioner has not been taken up for hearing on that day and it was adjourned again to 02.07.2025. The petitioner claims that he has also filed an application seeking advanced hearing of his interim application and that was also posted along with the main criminal revision petitions. In this circumstances, the petition has filed these petitions seeking a direction to the Additional District Court, Sivagangai to dispose of his criminal revision petitions, within a time frame.

3.The learned counsel appearing for the petitioner further submits that the petitioner is a resident of Chennai. The complainants are residents of Nagapattinam, however, in order to harass the petitioner, they have filed these complaints before the Court at Karaikudi. The petitioner claims that he is having a very good case in the trial, in the event if the cheques in disputes are referred for handwriting expert. 3/6

4.This Court has considered the submissions of the learned counsel appearing for the petitioner and perused the materials available in record. 5.The complaint for the offence under Section 138 of the Negotiable Instrument Act was initiated as against this petitioner only on 12.06.2024. The petitioner has taken out the applications in Cr.M.P.No. 2453 & 2724 of 2024 for referring the subject cheques for handwriting expert on 23.08.2024 and the same was dismissed by the learned Judicial Magistrate on 14.03.2025. The petitioner claims that he got certified copies of the said order and filed criminal revisions on 14.05.2025 and notice was also ordered. It is also reported that the complainants have also entered appearance. The petitioner has also moved an interim application to advance the hearing in the criminal revision.

However, the interim application filed by the petitioner was not considered and the main revision appears to have been adjourned to 21.07.2025. 6.Considering the facts and circumstances of the case, the learned Additional District Judge, Sivagangai shall take a call on the interim application on the next date of hearing, ie., on 21.07.2025.

has not expressed anything on the merits of the claim of the petitioner in the criminal revision petitions and the learned Additional District Judge, Sivagangai shall independently take a decision on the interim application on 21.07.2025 or within a period of two weeks from 21.07.2025. Accordingly, these criminal original petitions are disposed of. Consequently, connected miscellaneous petitions are closed. 07.07.2025 NCC : Yes/No Index : Yes/No Internet:Yes gns To The Additional District Court, Sivagangai 5/6

B.PUGALENDHI,J gns Crl.O.P.(MD)Nos.11367 & 11404 of 2025 07.07.2025 6/6