Madras High CourtCRL OP(MD)/18930/2023disposed of

Mohammed Usman v. Mohammed Sanjai

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.18930 of 2023 Mohammed Usman

...Petitioner / Complainant

Vs.

1.Mohammed Sanjai 2.Sherina Begum ... 1st & 2nd Respondents / Accused No. 1 & 2 3.The State Rep. by, The Inspector of Police, Tenkasi Police Station, Tenkasi District.

...3rd Respondent / Respondent PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the 3rd respondent to execute the Non Bailable Warrant dated 27.09.2023 issued against the respondents No.1 & 2 in S.T.C. No.395 of 2017 on the file of Judicial Magistrate Court, Tenkasi within a period that may be stipulated by this Court.

For Petitioner :Mr.B.Gandhi For Respondent :Mr.M.Sakthi Kumar Government Advocate (Crl. Side) 1/4

O RDER This criminal original petition has been filed seeking direction to the 3rd respondent to execute the Non Bailable Warrant dated 27.09.2023 issued against the respondents No.1 & 2 in S.T.C. No.395 of 2017 on the file of Judicial Magistrate Court, Tenkasi within a period that may be stipulated by this Court. 2.The petitioner is the defacto complainant before the trial Court in S.T.C.No.395 of 2017 for the offences punishable under Sections 138 r/w 142 of Negotiable Instruments Act. Due to the non appearance of the accused warrant was issued against him on 29.03.2023. So far it was not executed. The learned counsel for the petitioner would further submit that though it is the case of the year 2017, it could not be completed because of the non co-operation of the accused person.

3.When the matter is taken up for hearing, the learned Government Advocate (Crl. Side) would submit that the warrant that has been issued against the accused on 27.09.2023, will be executed within a month. 2/4

4.Let the warrant be executed by the third respondent within a period of one month. After securing the accused let the said trial process be completed within a period of three months.

5.With the above said directions, this criminal original petition stands disposed of.

Speaking : Yes / No 19.10.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No TM To 1.The Judicial Magistrate, Thenkasi.

2.The Inspector of Police, Tenkasi Police Station, Tenkasi District.

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

3/4

G.ILANGOVAN. J.

TM Crl.O.P.(MD)No.18930 of 2023 19.10.2023 4/4