Madras High CourtCRL OP(MD)/18076/2022disposed of

C.Prithviraj v. M/S.Vibis Natural Bee Farms

2022-11-17Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.11.2022

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.18076 of 2022 C.Prithviraj

...Petitioner

vs M/s. VIBIS Natural Bee Farms Rep. by Proprietrix Mr.Josphine, 67 LKT Nagar Kadachendthel, Alagarkovil Road Madurai

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Judicial Magistrate No.II, Fast Track Court (Magistrate Level) Madurai to complete the case in STC.No.428/2019 within a stipulated time as fixed by this Honourable Court For Petitioner : Mr.K.C.Maniyarasu

O R D E R

This Criminal Original Petition had been filed to direct the learned Judicial Magistrate No.II, Fast Track Court (Magisterial Level) Madurai to complete the case in STC.No.428/2019 within the time stipulated by this Court. 1/4

2. The Petitioner is the Complainant in a case under 138 of the Negotiable Instrument Act pending on the file of the learned Judicial Magistrate No.II, Fast Track Court (Magisterial Level) Madurai in STC No. 428 of 2019. The Petitioner seeks direction to dispose of the case within the specified time.

3. The learned Judicial Magistrate No.II, Fast Track Court (Magisterial Level) Madurai is directed to dispose the case in STC No.428 of 2019 within a reasonable time of two months from the date of receipt of a copy of this order. Since it is a case under 138 of the Negotiable Instrument Act there may not be too many witnesses as in the case investigated by the Police. Therefore he/she shall record evidence within a period of three days on day to day basis. The Complainant is directed to produce witnesses promptly. The learned Judicial Magistrate No.II, Fast Track Court (Magisterial Level) Madurai is directed to follow the guidelines of the Hon'ble Supreme Court in the case Vinod Kumar -vs- State of Punjab reported in 2015 (1) MLJ (Crl) 288 (SC) thereby not adjourning the case at the whims and fancies of the accused or their Counsel. When witnesses are present in Court he shall prevail upon the Counsel appearing for the accused and cross examine them. 2/4

4. With the above direction, the Criminal Original Petition stands disposed of.

17.11.2022 Internet:Yes./No Index:Yes/no aav To The Judicial Magistrate No.II, Fast Track Court (Magisterial Level), Madurai 3/4

SATHI KUMAR SUKUMARA KURUP , J.

aav CRL.O.P (MD) No.18076 of 2022 17.11.2022 4/4