Madras High CourtCRL OP(MD)/14620/2023disposed of

A.Nagalakshmi v. T.Vasantha

2023-08-21Honourable Dr. Justice D.Nagarjun4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.08.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN A.Nagalakshmi ... Petitioner Vs.

T.Vasantha ... Respondent PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned Judicial Magistrate, (Fast Track Court, Magistrate level) Theni to dispose the case in S.T.C.no.78/2021 as expeditiously as possible. For Petitioner : Mr.R.J.Karthick O RDER This Criminal Original Petition is filed under Section 482 of Code of Criminal Procedure seeking for a direction to the learned Judicial Magistrate, (Fast Track Court, Magistrate level) Theni to dispose the case in S.T.C.No.78 of 2021 as expeditiously as possible.

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2. It is submitted by the learned counsel for the petitioner that on a complaint filed by the petitioner under Section 200 Cr.P.C., a case has been registered against the respondent/accused for an offence under Section 138 of Negotiable Instruments Act. The trial has been commenced. The petitioner's side evidence closed and the matter is being adjourned from time to time for further evidence of respondent/accused side and therefore, sought for suitable directions to dispose of the same within a specific time frame.

3. As per the copy of the B diary extract in S.T.C.No.78 of 2021 it is clear that after completion of the petitioner's side evidence, D.W.2 was examined on 26.09.2022. The case was posted for further evidence of respondent/accused, since then one pretext on the other, it was adjourned to number of times. No valid reason is recorded by the Court for adjourning the case for somany number of times. As per the proceedings dated 05.07.2023 warrant is allegedly pending against one of the witness.

4. In view of the above, the learned Judicial Magistrate (Fast Track Court, 2/4

Magistrate level), Theni is directed to expedite the trial without giving unnecessary adjournments and dispose of the same as quickly as possible, not later than, three months from the date of receipt of a copy of this order. 5.With the above direction, this Criminal Original Petition is disposed of. Speaking : Yes / No 21.08.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No am To 1.The Judicial Magistrate, (Fast Track Court, Magistrate level) Theni 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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DR.D.NAGARJUN. J.

am Crl.O.P.(MD)No.14620 of 2023 21.08.2023 4/4