Madras High CourtCRL OP(MD)/20304/2018dismissed

S. Mariappan v. B. Venkatesh

2019-09-19Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL.O.P.(MD).No.20304 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.09.2019

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.(MD).No.20304 of 2018 and CRL.M.P.(MD)No.9368 of 2018 S.Mariappan ... Petitioner Vs.

B.Venkatesh ... Respondent PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to set aside the order passed in Cr.M.P.No.626 of 2018 in C.C.No.20 of 2018, dated 25.10.2018 on the file of Judicial Fast Track Magistrate, Srivilliputhur, Virudhunager District, by allowing this criminal original petition.

For Petitioner : Mr.S.Ramasamy For Respondents : Mr.V.Sasikumar

ORDER

This Criminal Original Petition has been filed to set aside the order passed in Cr.M.P.No.626 of 2018 in C.C.No.20 of 2018, dated 25.10.2018 on the file of Judicial Fast Track Magistrate, Srivilliputhur, Virudhunager District.

2.The case of the prosecution is that the petitioner borrowed a sum of Rs.6,00,000/- from the respondent, for which he issued a cheque. When the said cheque was presented in the bank, it was returned with an endorsement as 'funds insufficient'. After issuing statutory notice, the respondent filed a private complaint as against the petitioner herein.

3.Heard the learned counsel for the petitioner and the learned counsel for the respondent and perused the materials placed on records.

4.Considering the facts and circumstances of the case, this Court does not find any illegality or infirmity in the order passed by the learned Judicial Fast Track Magistrate, Srivilliputhur. Accordingly, this Criminal Original Petition is dismissed. However, https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P.(MD).No.20304 of 2018 the learned Judicial Fast Track Magistrate, Srivilliputhur, is directed to complete the trial in C.C.No.20 of 2018 within a period of three months from the date of receipt of a copy of this order. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (AS) // True Copy // Sub Assistant Registrar(CS ) To 1.The Judicial Fast Track Magistrate, Srivilliputhur, Virudhunagar District.

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

+1 CC to Mr.S.RAMASAMY, Advocate ( SR-88246[F] dated 20/09/2019 ) +1 CC to Mr.A.MOHAN, Advocate ( SR-88453[F] dated 23/09/2019 ) CRL.O.P.(MD).No.20304 of 2018 and CRL.M.P.(MD)No.9368 of 2018 19.09.2019 DAS MK (09.10.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2