Madras High CourtCRL OP(MD)/15170/2024allowed

Meenakshisundaram v. Sri Ayyanar Traders

2024-09-19Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.09.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Meenakshisundaram ... Petitioner Vs.

1.Sri Ayyanar Traders, Represented by its Proprietor, C.Rajaprabhu 2.C.Rajaprabhu ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the learned Judicial Magistrate, Bodinaakkanur to complete the Chief and Cross examination of the petitioner in S.T.C.No.46 of 2024 on the file of the learned Judicial Magistrate, Bodinayakkanur in a time bound manner as fixed by this Court.

For Petitioner : Mr.S.G.L.Rishiwanth 1/4

ORDER

This criminal original petition has been filed seeking orders to direct the learned Judicial Magistrate, Bodinaakkanur to complete the Chief and Cross examination of the petitioner in S.T.C.No.46 of 2024 on the file of the learned Judicial Magistrate, Bodinayakkanur in a time bound manner.

2.It is not in dispute that the petitioner has filed complaint under Section 200 Cr.P.C., for the offence punishable under Section 138 r/w 142 of the Negotiable Instruments Act.

3.The learned counsel appearing for the petitioner would submit that the petitioner / defacto complainant was examined in chief partially on 13.06.2024 and thereafter, the case is being adjourned again and again. He would further submit that the petitioner is aged about 74 years and he is having various ailments. He has also produced medical certificates to show that the petitioner is suffering from hypothyroidism and other age-old ailments.

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4.Heard the learned counsel appearing for the petitioner and perused the materials available in the records. 5.Considering the facts and circumstances of the case and taking note of the age and health issues of the petitioner, this Court is inclined to issue direction to the learned Magistrate. Accordingly, learned Judicial Magistrate, Bodinayakkanur is directed to complete the Chief and Cross examination of the petitioner in S.T.C.No.46 of 2024, within a period of one month from the date of receipt of a copy of this order. 6.With the above directions, this criminal original petition is allowed.

19.09.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No gns To The Judicial Magistrate, Bodinayakkanur.

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K.MURALI SHANKAR,J.

gns 19.09.2024 4/4