Madras High CourtCRL RC(MD)/526/2015disposed of

V.Mathavan v. Jaihind Roadways Pvt Ltd.,

2020-03-05Honourable Mr Justice M.Dhandapani2 pages

CRL.R.C.(MD)Nos.526 to 528 of 2015 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.03.2020

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI CRL.R.C.(MD)Nos.526 to 528 of 2015 and M.P.(MD)Nos.1, 1 and 1 of 2015 V.Mathavan ... Petitioner/Complainant in all cases -vs1.Jaihind Roadways Pvt. Ltd., Represented through its General Manager, Mohanlal B.Sharma & Naresh V.Sharma ... Respondent/Accused in all cases 2.Dhayal M.Vaidhya 3.Rajesh D.Vaidhya ... Proposed Respondents in all cases COMMON PRAYER: Criminal Revisions Cases filed under Sections 397 r/w 401 of Cr.P.C., praying to call for the records and set aside the order dated 13.03.2015 made in Cr.M.P.Nos.4484, 4485 and 4486 of 2014 in S.T.C.Nos.1064 and 935 and 1057 of 2012 respectively on the file of the learned Judicial Magistrate No.1 / Fast Track Court at Magistrate Level, Madurai, and allow the petition to implead the 2nd and 3rd respondents as the respondents 2 and 3 in S.T.C.Nos.1064, 935 and 1057 of 2012 respectively on the file of the learned Judicial Magistrate No.1 / Fast Track Court at Magistrate Level, Madurai. In all Cases:

For Petitioner : Mr.S.Gokul Raj For R1 : Mr.S.Mahendrapathy For R2 and R3 : No Appearance COMMON ORDER The learned counsel appearing for the petitioner would submit that the petitioner has filed a complaint under Section 200 Cr.P.C., for the offence under Section 138 r/w 142 of Negotiable Instruments Act. Later, he came to know that the proposed respondents are the Managing Directors of the company and inadvertently they have not added as accused. Hence, he filed a petition under Section 319 of Cr.P.C., to implead them as accused in the said complaint. However, the said petition was dismissed. Challenging the same, the present Criminal Revisions Petitions are filed.

2.The learned counsel appearing for the petitioner on instructions would submit that the petitioner has not interested to pursue the petition filed under Section 319 Cr.P.C., however, without going into the merits of the case, it would suffice, if this Court issues a direction to the Lower Court to complete the trial, https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.R.C.(MD)Nos.526 to 528 of 2015 within a period of three months from the date of receipt of a copy of this order.

3.The learned counsel appearing for the respondent would submit that the prosecution evidence already over and the respondent adduced his evidence before the trial Court. This Court may issue a direction to complete the trial and dispose of the case, within a reasonable time.

4.Considering the consent view expressed by both sides, without going into the merits of the case, this Court is inclined to issue a direction to the learned Judicial Magistrate No.1, Fast Track Court at Magistrate Level, Madurai to complete the trial and dispose of the case, within a period of three months from the date of receipt of a copy of this order.

5.With the above direction, these Criminal Revision Petitions stand disposed of. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS II) // True Copy // / /2020 Sub Assistant Registrar(CS) Myr To 1.The Judicial Magistrate No.1, Fast Track Court at Magistrate Level, Madurai.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy to:

The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai (2 COPIES) +1 CC to M/s.R.VIJAYAKUMAR, Advocate ( SR-10262[F] dated 05/03/2020 CRL.R.C.(MD)Nos.526 to 528 of 2015 05.03.2020 KK/17.03.2020/ 2P- 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2