Madras High Court
A.Ganesan vs K.Sundar on 21 April, 2022
Crl.O.P.No.9023 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.04.2022
CORAM
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA
Crl.O.P.No.9023 of 2022
A.Ganesan ... Petitioner
Vs.
K.Sundar ... Respondent
PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C.,
pleased to direct the Metropolitan Magistrate, V-FTC at Magistrate Level,
Saidapet, Chennai – 15 to expedite the trial in C.C.No.4552 of 2018 and complete
the same within a reasonable time frame fixed by this Hon'ble Court.
For Petitioner : Ms.Kritika Kamal. P
1/6
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Crl.O.P.No.9023 of 2022
ORDER
The Criminal Original Petition has been filed seeking to direct the
Metropolitan Magistrate, V-FTC at Magistrate Level, Saidapet, Chennai – 15 to
expedite the trial in C.C.No.4552 of 2018 and complete the same within a
reasonable time frame fixed by this Court.
2. Learned counsel appearing for the petitioner would submit that the
petitioner is a complainant in C.C.No.4552 of 2018, pending on the file of the
Metropolitan Magistrate, V-FTC at Magistrate Level, Saidapet, Chennai – 15 for
offences under Section 138 of the NI Act, in respect of the dishonor of cheque for
a sum of Rs.10,00,000/- (Rupees Ten Lakhs only) dated 31.08.2017. After issue of
statutory notice, the complaint was filed and it was taken on file during the year
2018 in C.C.No.4552 of 2018 on the file of the III-FTC, Saidapet, Chennai – 15.
Later, on administrative grounds, it was transferred to the file of the present trial
Court. Thereafter, since, the respondent/accused absconding, the trial Court had
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Crl.O.P.No.9023 of 2022
issued Non Bailable Warrant of arrest twice and that were recalled. Subsequently,
the respondent had also filed an application to recall PW1 and it was allowed and
it was posted for cross examination of PW1 on 01.10.2021.
3. She would further submit that the case has been repeatedly adjourned for
the same purpose and the respondent/accused is purposely not appearing to delay
the trial. She would also submit that due to the delay in the trial, the petitioner is
facing severe hardship and the trial Court is repeatedly adjourning the case.
4. Heard the learned counsel and perused the materials available on record
including the E-Court Status.
5. It is seen that the evidence of the petitioner was closed on 25.04.2019 and
once again, it was reopened for cross examination of PW1 and from 01.10.2021,
the case has been repeatedly adjourned for no reason. There seems to be no
progress in the trial.
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Crl.O.P.No.9023 of 2022
6. In view of the above, this Criminal Original Petition stands disposed of
with a direction to the Metropolitan Magistrate, V-FTC at Magistrate Level,
Saidapet, Chennai – 15 to complete the trial in C.C.No.4552 of 2018 and deliver
the judgment as expeditiously as possible preferably within a period of four
months from the next date of hearing i.e., on 29.04.2022.
21.04.2022
rgi
Index:Yes/No
Internet:Yes/No
Speaking/Non Speaking order
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Crl.O.P.No.9023 of 2022
To
1. The Superintendent of Police,
Nagappattinam District,
Nagappattinam.
2. The Inspector of Police,
Voimedu Police Station,
Vedaranyam Taluk,
Nagappattinam District.
3.The Public Prosecutor,
High Court of Madras.
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Crl.O.P.No.9023 of 2022
A.D.JAGADISH CHANDIRA.,J
rgi
Crl.O.P.No.9023 of 2022
21.04.2022
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