Madras High CourtCRL OP(MD)/16083/2022disposed of

M.E.Jan Basha v. R.R.Bhuvanesh

2022-10-10Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.10.2022

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P(MD)No.16083 of 2022 M.E.Jan Basha

...Petitioner

Vs.

R.R.Bhuvanesh

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to issue a direction directing the learned Judicial Fast Track No.II Court (Judicial Magistrate Level), Madurai to dispose the case filed by the petitioner in S.T.C.No.160 of 2017 within a time prescribed by this Court. For Petitioner : Mr.S.M.A.Jinnah

O R D E R

This Petition has been filed directing the learned Judicial Fast Track No.II Court (Judicial Magistrate Level), Madurai to dispose the case filed by the petitioner in S.T.C.No.160 of 2017, 1/4

2. The learned Counsel for the Petitioner submitted that he has filed a private complaint under Section 138 of the Negotiable Instrument Act before the learned Judicial Magistrate, Fast Track Court No.II (Magistrate Level) Madurai and the case was taken cognizance and numbered as STC No.160 of 2017. Summons were issued and the Accused were appeared before the trial Court.

3. During the course of trial, the Respondent/Accused had absconded and Non Bailable Warrant was issued against him and it is kept pending from the year 2018 onwards. He would further submit that the Respondent/Accused herein voluntarily evaded the trial process and the learned Judicial Magistrate has not taken any steps to execute the warrant. Therefore, the Petitioner had filed a petition under Section 82 of Cr.P.C seeking declaration to declare the Respondent/Accused herein as proclaimed offender.

4. Considering the submission of the learned Counsel for the Petitioner, this Court directs the learned Judicial Magistrate to dispose of the petition to declare the respondent/accused in this case as proclaimed 2/4

offender as per the Section 82 of Cr.P.C within a period of three months from the date of receipt of a copy of this order. With the above directions, this Criminal Original petition is disposed of.

10.10.2022 Index:Yes/no tta Judicial Fast Track No.II Court (Judicial Magistrate Level), Madurai 3/4

SATHI KUMAR SUKUMARA KURUP , J.

tta CRL.O.P(MD)No.16083 of 2022 10.10.2022 4/4