Madras High CourtCRL OP(MD)/16672/2025disposed of

M.Hamsad Banu v. Sikkandar Badhusha

2025-11-05Honourable Mr Justice Sunder Mohan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 05.11.2025

CORAM

THE HONOURABLE MR. JUSTICE SUNDER MOHAN M.Hamsad Banu ... Petitioner Vs Sikkandar Badhusha ... Respondent Prayer : Criminal Original Petition filed under Section 528 of BNSS, praying this Court to direct the learned Judicial Magistrate Fast Track Court No.II, Madurai, to dispose the case in S.T.C.No.558 of 2017 within a time period that may be fixed by this Court. For Petitioner : Ms.C.Vijayalakshmi For Respondent : Ms.J.R.Annie Abinaya

ORDER

The petitioner seeks a direction to the learned Judicial Magistrate, Fast Track Court No.II, Madurai, to dispose the case in S.T.C.No.558 of 2017 within a time stipulated by this Court.

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2.The petitioner is the complainant, who filed the complaint under Section 138 of Negotiable Instruments Act in the year 2017, alleging that the respondent had issued a cheque for a sum of Rs.7,00,000/-; that when said cheque was presented for collection, it was returned for the reason funds insufficient and that inspite of statutory notice, the respondent had not made the payment.

3.The learned counsel for the petitioner would submit that there is an inordinate delay of eight years in the conclusion of the trial and hence, a direction as sought for may be issued.

4.The learned counsel for the respondent, however, would submit that the respondent has filed a petition in Crl.M.P.No.1240 of 2025 to examine the defence witnesses.

5.Considering the fact that the case is pending since 2017, the learned Judicial Magistrate, Fast track Court No.II, Madurain, is directed to conclude the trial in S.T.C.No.558 of 2017 within a period two months from the date of receipt of a copy of this order. 2/4

6.With the above direction, this Criminal Original Petition is disposed of.

05.11.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No cp TO

1. The Judicial Magistrate, Fast Track Court No.II, Madurai, 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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SUNDER MOHAN,J cp

ORDER

IN Date : 05.11.2025 4/4