Madras High CourtCRL OP(MD)/16429/2024disposed of

K.Chithra v. Radhidevi

2024-09-27Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.09.2024

CORAM

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

Radhidevi ... Respondent PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the learned Judicial Magistrate, Bodinayakanur to expedite the trial and dispose of the case in S.T.C.No.129 of 2021 within the time frame as fixed by this Court.

For Petitioner : Mr.V.Manikandan

ORDER

The Criminal Original Petition has been filed, invoking Section 528 B.N.S.S., seeking orders, to direct the learned Judicial Magistrate, Bodinayakanur to expedite the trial and dispose of the case in S.T.C. No.129 of 2021 within the time frame as fixed by this Court. 1/4

2. Since the petition is filed for early disposal of the case, issuance of notice to the respondent is not necessary.

3. The learned counsel for the petitioner/complainant would submit that the petitioner has filed complaint under Section 200 Cr.P.C., against the respondent for the offences under Section 138 of Negotiable Instruments Act and the case was taken on file in S.T.C.No.121 of 2021 on the file of the learned Judicial Magistrate, Bodinayakanur and the same is pending for the past three years without any progress and hence the petitioner is constrained to file the present petition.

4. Admittedly, the above case is pending from 2021 onwards. Section 143(3) of the Negotiable Instruments Act contemplates that every trial under the said Section shall be concluded as expeditiously as possible and an endeavour shall be made to conclude the trial within six months from the date of filing of the complaint. Since the above case is pending for the past three years and also taking note of the submissions made by the learned counsel on record for speedy disposal of the above case, this Court is inclined to issue necessary directions for early disposal of the above 2/4

case. Accordingly, the learned Judicial Magistrate, Bodinayakanur, is directed to dispose of the case in S.T.C.No.129 of 2021 within a period of three months from the date of receipt of a copy of this order.

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

27.09.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No das To 1.The Judicial Magistrate, Bodinayakanur.

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K.MURALI SHANKAR,J.

DAS Order made in Dated: 27.09.2024 4/4