Madras High Court
T.Nagaraj vs Charles Joseph on 17 December, 2021
CRL.O.P.No.24558 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.12.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
CRL.O.P.No.24558 of 2021
T.Nagaraj
S/o, Late Thiruvengadam ... Petitioner
Versus
Charles Joseph
S/o, Barnabas ...
Respondent
PRAYER: Criminal Original Petition filed under Section 482 of the
Code of Criminal Procedure, to direct the learned Sessions Judge, The
Nilgiris to dispose of the appeal in Crl.A.No.62 of 2019.
For Petitioner : Mr.J.Bharathi Raja
ORDER
This Criminal Original Petition has been filed by the petitioner to
direct the learned Sessions Judge, The Nilgiris to dispose of the appeal in
Crl.A.No.62 of 2019.
https://www.mhc.tn.gov.in/judis
CRL.O.P.No.24558 of 2021
2. Grievance of the petitioner is that the petitioner has filed a
complaint under section 138 of Negotiable Instruments Act against the
respondent and prosecuted the case in S.T.C.No.2618 of 2016 before the
Judicial Magistrate Court, Ootacamund, On conclusion of trial, the
Judicial Magistrate, Ootacamund by its judgment dated 11.11.2019
convicted the respondent and sentenced him to undergo three months
simple imprisonment and ordered to pay a compensation of Rs.1,50,000/-
to the complainant. The respondent filed an appeal in C.A.No.62 of
2019 before the District Judge cum Chief Judicial Magistrate Court, The
Nilgiris. Based on the representation of the respondent, the case was
sent to Lok Adalat for settlement. Thereafter, the respondent had never
shown any interest to settle the amount. Hence the case was sent back to
the District Judge cum Chief Judicial Magistrate Court, for disposal. The
learned District Judge cum Chief Judicial Magistrate, has periodically
adjourned the case for one reason or the other. The cheque in this case
was issued in the year 2016. For the past six years the petitioner has not
seen the colour of the coin. Hence this petition.
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CRL.O.P.No.24558 of 2021
3. Considering the submission of the petitioner and the perusal of
the materials available on records, it is seen that the respondent delaying
the arguments by giving various reasons and later the matter has been
sent to Lok Adalat . Thereafter, the case was sent back to the District
Judge cum Chief Judicial Magistrate Court, The Nilgiris for disposal.
The case has been periodically adjourned by the District Judge cum Chief
Judicial Magistrate, The Nilgiris form April 2020 to November 2021 and
finally it is posted for arguments on 04.01.2022.
4. In view of the submissions, this Court directs the District Judge
cum Chief Judicial Magistrate, The Nilgiris to take up the case and
complete the arguments without further delay and dispose the same
within a period of one month from 04.01.2022.
5. With the above direction, the Criminal Original Petition is
disposed of.
17.12.2021
Index: Yes/No
https://www.mhc.tn.gov.in/judis
CRL.O.P.No.24558 of 2021
Internet: Yes/No
mfa
M.NIRMAL KUMAR, J.
mfa
To
1. The District Judge cum Chief Judicial Magistrate,
District cum Chief Judicial Magistrate Court,
The Nilgiris.
2. The Judicial Magistrate,
Udhagamandalam.
CRL.O.P.No.24558 of 2021
17.12.2021
https://www.mhc.tn.gov.in/judis
