Madras High CourtCRL OP(MD)/18840/2023disposed of

Rajalakshmi v. Lokiya

2023-10-19Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.18840 of 2023 Rajalakshmi

...Petitioner / Complainant

Vs.

Lokiya

...Respondent / Accused

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the Learned Fast Track Court (Magesterial Level), Pattukottai, to expedite the trial in S.T.C. No.46 of 2019 Learned Fast Track Court (Magesterial Level), Pattukottai, Thanjavur District within a stipulated time frame. For Petitioner :Mr.S.M.Ramasiva O RDER This criminal original petition has been filed seeking direction to the Learned Fast Track Court (Magesterial Level), Pattukottai expedite the trial in S.T.C. No.46 of 2019 Learned Fast Track Court (Magesterial Level), Pattukottai, Thanjavur District within a stipulated time frame. 2.The petitioners are facing trial before the trial Court in S.T.C. No.46 of 1/4

2019 for the offences punishable under Sections 138 of Negotiable Instruments Act. The grievance of the petitioner is that even though the respondent was convicted in S.T.C.No.46 of 2019, by the Judgment dated 03.10.2019, he went on appeal. The appellate Court remanded the matter for fresh disposal, in view of the prayer that was sought by the petitioner to lead further evidence. In spite of the above said order stipulating one month time to complete the re-trial process, the respondent is deliberately delaying the said process. On that ground this petition has been filed.

3.The said trial process ought to have been completed as directed by the appellate Court dated 14.11.20222. But the time is now over. Even after lapse of more than 10 months, there is no progress. Let the re-trial process be completed within a period of two months from the date of receipt of a copy of this order and compliance report must be submitted by the concerned Court before the Registry. 4.With the above said directions, this criminal original petition stands 2/4

disposed of.

Speaking : Yes / No 19.10.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No TM To 1.The Judicial Magistrate, Fast Track Court (Magisterial Level), Pattukottai. 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN. J.

TM Crl.O.P.(MD)No.18840 of 2023 19.10.2023 4/4