Madras High CourtCRL OP(MD)/21002/2024disposed of

State Bank Of India v. E. Beena

2025-04-04Honourable Mr. Justice P.Dhanabal4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.04.2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL State Bank of India, Nagarcoil Main Branch (SME), Rep by its Chief Manager, Mr. Subramanian.

... Petitioner Vs E. Beena ... Respondent PRAYER: Criminal Original petition has been filed under Section 528 of BNSS to direct the learned Judicial Magistrate Fast Track Court, Nagercoil to take the complaint in S.T.C. on file and numbering the same vide E-filing NO.ATN20220000150C202400217.

For Petitioner : Mr.A.Mohamed Asif For Respondent : No appearance

O R D E R

This Criminal Original Petition has been filed to direct the learned Judicial Magistrate (Fast Track Court), Nagercoil to take the complaint on file and numbering the same.

1/4

2.According to the petitioner, the petitioner's Bank lodged a complaint against the respondent for non-complying the condition as per the standing instruction that she has to deposit her salary and allow the petitioner's Bank to deduct a sum of Rs.39,414/- from her bank Account. Since the respondent failed to comply with the condition, she has committed offence under Section 25 of the Payment and Settlement System Act, 2007. Thereby, the petitioner lodged a complaint before the Judicial Magistrate (Fast Track Court), Nagercoil, but the same was returned on the ground of jurisdiction. Hence, this petition. 3.On perusal of records, the transaction took place at Vadasery Branch, Nagercoil and the jurisdictional Court is Judicial Magistrate No.II, Nagercoil. However, the petitioner has filed a complaint before Judicial Magistrate (Fast Track Court), Nagercoil. Therefore, it was returned by the learned Magistrate. The petitioner ought to have file a complaint before the jurisdictional Court, ie., Judicial Magistrate No.II, Nagercoil.

2/4

4.In view of the above, the order passed by the learned Judicial Magistrate (Fast Track Court), Nagercoil is in order. However, the petitioner is at liberty to file a complaint before the jurisdictional Court, ie., Judicial Magistrate No.II, Nagercoil within a period of one month from the date of this order. If any complaint is being filed, the Judicial Magistrate No.II, Nagercoil is directed to number the complaint and pass appropriate orders, if it is otherwise in order. 5.With the above observations and directions, this Criminal Original Petition is disposed of.

04.04.2025 Internet :Yes Index :Yes/No NCC :Yes/No PNM To

1. The Judicial Magistrate (Fast Track Court), Nagercoil

2. The Judicial Magistrate No.II, Nagercoil 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

3/4

P. DHANABAL, J.

PNM ORDER IN 04.04.2025 4/4