K.Raman v. The State Of Tamilnadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.07.2025 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Crl.OP(MD)Nos.12316 & 12319 of 2025 Crl.OP(MD)Nos.12316 of 2025:- K.Raman ... Petitioner Vs 1.The State of Tamilnadu Rep.by the Commissioner of Police, O/o. the Commissioner of Police, Near Thamarai Thotti, Alagarkovil Road, Madurai City, Madurai.

3.M. Sevvel

...Respondents

Crl.OP(MD)Nos.12319 of 2025:- T.Chandran ... Petitioner Vs 1.The State of Tamilnadu Rep.by the Commissioner of Police, O/o. the Commissioner of Police, Near Thamarai Thotti, Alagarkovil Road, Madurai City, Madurai.

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3.M. Sevvel

...Respondents

Common Prayer : Criminal Original Petitions filed under Section 528 of BNSS, to direct the 1st respondent to execute the Non-Bailable Warrant against the 3rd respondent/accused issued on 04.10.2024 in S.T.C.Nos. 263 of 2023 & 271 of 2023, by the learned Fast Track Court (Judicial Magistrate Level) No.II, Madurai in the manner known to law.

For Petitioners : Mr.Raja.A., For R1 & R2 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor (in both Crl.OPs) C O M M O N O R D E R The petitioners seek direction for execution of non-bailable warrant issued as against the third respondent/accused on 04.10.2024, in connection with the cases in STC Nos.263 & 271 of 2023, pending on the file of the Fast Track Court (Judicial Magistrate Level) No.II, Madurai.

2.Mr.A.S.Abul Kalaam Azad, learned Government Advocate, who takes notice for the respondents 1 & 2 submits that the petitioners have lodged complaints as against the third respondent for 2/5

the offence under Section 138 of Negotiable Instruments Act, as the cheque issued by the third respondent was presented for encashment, it was returned due to insufficient funds. During the trial, the learned Magistrate, Madurai has issued a non-bailable warrant as against the accused/ the third respondent herein. The respondent police has verified with ITI, Madurai and they came to know that he got transfer to ITI, Thiruverumbur Trichy, which is within the jurisdiction of Tiruverumbur Police Station. Therefore, they have returned the warrant to the Judicial Magistrate, citing the reason for not executing the warrant.

3.Recording the aforesaid submission made by the learned Government Advocate (Crl.side), these Criminal Original Petitions are closed with liberty to the petitioner to work out his remedy before the learned Judicial Magistrate, Fast Track Court (Judicial Magistrate Level) No.II, Madurai.

22.07.2025 NCC : Yes/No Index : Yes/No Internet:Yes vrn 3/5

To 1.The Commissioner of Police, O/o. the Commissioner of Police, Near Thamarai Thotti, Alagarkovil Road, Madurai City, Madurai.

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B.PUGALENDHI,J vrn Common Order made in Crl.OP(MD)Nos.12316 & 12319 of 2025 22.07.2025 5/5