Madras High Court
V.Vijayakumar vs Ranisivagami on 1 November, 2021
Crl.O.P.No.20122 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.11.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
Crl.O.P.No.20122 of 2021
V.Vijayakumar ... Petitioner
Versus
1.RaniSivagami
2.The Inspector of Police,
Gudalur PS, Gudalur,
Nilgiris District. ... Respondents
PRAYER: Criminal Original Petition has been filed under Section 482
of the Code of Criminal Procedure, to direct the Inspector of Police,
Gudalur P.S. to execute the Non-Bailable Warrant against the First
respondent/Accused, so as to enable the Hon'ble Judicial Magistrate, Fast
Track Court, Ambattur, Thiruvallur District, to deliver the judgment in
S.T.C.No.171 of 2016.
For Petitioner : Mr.N.R.Elango
Senior Counsel
for Mr.N.Kumanan
For Respondent : Mr.R.Vinoth Raja
No.2 Government Advocate (Crl. side)
Page No.1 of 6
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Crl.O.P.No.20122 of 2021
ORDER
The petitioner/defacto complainant has filed a private complaint
under Section 200 Cr.P.C for an offence under Section 138 of the
Negotiable Instruments Act, 1988, against the first respondent.
2.During the trial, the petitioner PW1 was examined in chief,
thereafter, cross examined in fully on 23.11.2018. The first respondent filed
311 petition on 06.12.2018. The petitioner filed his written arguments.
Thereafter, finding no reason to entertain the 311 Cr.P.C petition, the trial
Court had reserved the case for Judgment on 28.12.2018 and the first
respondent was permitted to file any written arguments before that date. The
first respondent filed a memo informing the trial Court that a petition filed
before the High Court, thereafter, the case was adjourned to 03.01.2019 and
on 25.01.2019, a memo was filed before the trial Court informing that
Crl.O.P.Sr.No.62296 of 2018 is pending. Thereafter, the case was adjourned
to 30.01.2019 and on that date, the accused counsel filed a petition under
Section 311 r/w 315 Cr.P.C and allowed. On 04.02.2019, the first
respondent DW1 was examined in chief and cross. Thereafter, a list was
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Crl.O.P.No.20122 of 2021
produced to examine the bank manager. The Lower Court rejected the same
finding that in this case, the evidence of the complainant side had been
closed and the accused was questioned under Section 313Cr.P.C on
07.08.2018, thereafter, reserved for judgment and to protract the
proceeding, the petition has been filed. The petitioner filed a memo on
12.03.2019 informing the Lower Court that Crl.R.C.No.294 of 2019 is
pending before the Sessions Court. Thereafter, on 30.04.2019 memo was
filed to the effect that Crl.R.C.No.294 of 2019 was disposed of. The accused
has been regularly absenting himself and NBW was issued against the
accused. For various reasons, the case was periodically adjourned and
finally, on 12.02.2021 the Superintendent of Police, Nilgris, was addressed
to find out the stage of non-bailable warrant and the petitioner was directed
to file a process memo and thereafter, adjourned to 01.04.2021. Now, finally
on 16.11.2021 finding that 138 case has been kept pending from the year
2016, despite the evidence of the complainant side had been completed.
PW1 cross examined fully on 23.11.2018 and the case was reserved for
judgment on 28.12.2018. Thereafter, for one reason or other, it had been
successfully protracted by the accused. Now, NBW is pending against the
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Crl.O.P.No.20122 of 2021
first respondent, which ought to be executed by the Superintendent of
Police, Nilgris.
3.Considering the submissions and also on perusal of the materials
produced along with the typed-set, it is not in dispute the facts submitted by
the Senior counsel. In this case, the complainant was cross examined on
23.11.2018, thereafter, the case was posted for judgment on 28.12.2018. On
04.02.2019, the defense witness was examined and the case was posted for
judgment finally. Now, the case is pending for execution of non-bailable
warrant against the first respondent and the petitioner to file a process memo
and pursue the non-bailable warrant with the Superintendent of Police,
Nilgris. On receipt of the non-bailable warrant, the Superintendent of
Police, Nilgris to depute a responsible officer to execute the non-bailable
warrant against the accused within a period of two weeks from the date of
receipt of a copy of this order.
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Crl.O.P.No.20122 of 2021
4.With the abovesaid direction, the criminal original petition is
disposed of.
Index: Yes/No
Internet: Yes/No 01.11.2021
drm/sms
To
1.The Judicial Magistrate,
Fast Track Court, Ambattur,
Thiruvallur District,
2. The Superintendent of Police, Nilgris.
3.The Inspector of Police,
Gudalur PS, Gudalur,
Nilgiris District.
4. The Public Prosecutor,
High Court, Madras.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.20122 of 2021
M.NIRMAL KUMAR, J.
drm/sms
Crl.O.P.No.20122 of 2021
01.11.2021
https://www.mhc.tn.gov.in/judis
