Madras High CourtCRL OP(MD)/16476/2021disposed of

N. Kumar v. Basil Motor Stores

2021-10-27Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.16476 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.10.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.16476 of 2021 N.Kumar ... Petitioner/ Complainant Vs.

1.M/S.Basil Motor Stores, Through its Proprietor, B.Heiden, S/o.Borgin Fernando, 326, Palaymkottai Road, Tuticorin-2.

2.B.Heiden ... Respondents/ Accused PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the Judicial Magistrate No.I (Fast Track Court), Thoothukudi to expedite the trial and dispose the case in C.C.No.198 of 2014 within a time frame fixed by this Court. For Petitioner : Mr.R.J.Karthick

ORDER

This petition is filed seeking direction to the learned Judicial Magistrate No.I (Fast Track Court), Thoothukudi to expedite the trial process and complete the same within a time frame that may be stipulated by this Court.

2.The petitioner is the defacto complainant in CC.No.198 of 2014, which was registered for the offences punishable under Sections 138 and 142 of Negotiable Instrument Act r/w Section 200 of Cr.P.C.

3.The grievance of the petitioner is that even after a lapse of 7 years, there is no progress in the proceedings and it is kept pending. Since the cross-examination of P.W1 was not done by the accused, it was closed. Now, an application has been filed under Section 311 of Cr.P.C., to recall the petitioner herein for crossexamination. 4.Considering the oldness of the matter, there shall be a direction to the learned Judicial Magistrate No.I (Fast Track Court), Thoothukudi to expedite the trial process in C.C.No.198 of 2014 and complete the same within a period of 5 months from the date of receipt of a copy of this order, even though the Presiding https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.16476 of 2021 Officer post is kept vacant and the In-charge Officer is holding the aforesaid post.

5.With the aforesaid direction, this petition stands disposed of.

Sd/- Assistant Registrar (A.D.I) // True Copy // / /2021 Sub Assistant Registrar(CS) mm Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Judicial Magistrate No.I (Fast Track Court), Thoothukudi.

Crl.O.P.(MD)No.16476 of 2021 27.10.2021 RD/PM (15.11.2021) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2