Madras High CourtCRL OP(MD)/7606/2013disposed of

Prof.Mookaiyan v. S;Krishnamoorthy

2017-12-21Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.12.2017

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.(MD)No.7606 of 2013 Prof. Mookaiyan ... Petitioner Vs.

S.Krishnamoorthy ... Respondent PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to quash the complaint in STC.No.272 of 2013 on the file of the Judicial Magistrate No.Icum-Fast Track Court Magisterial Level, Madurai. For Petitioner : No Appearance For Respondent : No appearance

ORDER

On perusal of this petition as well as the complaint filed by the Law Enforcing Agency would show that the petitioner borrowed a sum of Rs.49,000/- (Rupees forty nine thousand only) from the respondent. In order to security, he issued a cheque bearing No.119552 in favour of the respondent on 24.05.2010. The cheque was drawn on State Bank of India, Pasumalai, Madurai and the same was presented for collection on 27.05.2010, in Karur Vyaya Bank, Madurai, but it was returned to the respondent as "insufficient fund". Accordingly, the respondent lodged a complaint against the petitioner before the Judicial Magistrate No.I-cum-Fast Track Court Magisterial Level, Madurai, under Section 138 of Negotiable Instruments Act. Against which, the present petition.

2.On perusal of the entire records, there is no reason to interfere with the compliant filed by the respondent, since the learned counsel for the petitioner reported 'no instruction'. 3.In view of the above, considering the pendency of the case for five years, I am inclined to issue a direction to the Lower Court to complete the trial in STC.No.272 of 2013, within a https://hcservices.ecourts.gov.in/hcservices/

period of six months from the date of receipt of a copy of this order, if not already disposed of.

4.With the above direction, this criminal original petition is disposed.

Sd/- Assistant Registrar (CS-III) /True Copy/ Sub Assistant Registrar To The Judicial Magistrate No.I cum Fast Track Court Magisterial Level, Madurai.

+ 1 CC TO Mr.L.MADHUSUDHANAN, ADVOCATE IN SR No. 94617 RMK TE/MR/SAR-3 : 07/02/2018 : 2P/3C Crl.O.P.(MD)No.7606 of 2013 and M.P.(MD)No.1 of 2013 21.12.2017 https://hcservices.ecourts.gov.in/hcservices/