R.Chandra vs The State
2022 Latest Caselaw 10945 Mad

                                                                         Crl.O.P.No.20744 of 2020

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED: 23.06.2022

                                                     CORAM:

                                  THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN

                                             Crl.O.P.No.20744 of 2020


                     1.R.Chandra
                     2.K.Raman                                          ... Petitioners

                                                        Vs.


                     1.THE STATE
                       Represented by the Inspector of Police,
                       E1, Trichy Main Road,
                       Singanalur,
                       Coimbatore – 641005.

                     2.S.B.Parthiban                                    ... Respondents

                     Prayer: Criminal Original Petition filed under Section 482 of Criminal
                     Procedure Code, to issue a direction to the first respondent to arrest the
                     accused/second respondent in furtherance of executing the order of the
                     III Additional District and Sessions Judge, Coimbatore in Criminal
                     Appeal No.77 of 2017 dated 24th June, 2020 confirming the order of the
                     Judicial Magistrate, Fast Track Court at Magistrate Level II, Coimbatore
                     in CC.No.126 of 2017 dated 9th March, 2017.




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                                                                          Crl.O.P.No.20744 of 2020


                                  For Petitioners    : Mr.P.Mahaadevan

                                  For R1             : Mr.A.Gopinath
                                                      Government Advocate (Crl.Side)

                                                      ORDER

This petition has been filed to issue a direction to the first

respondent to execute the order of the III Additional District and

Sessions Judge, Coimbatore in Criminal Appeal No.77 of 2017 dated 24th

June, 2020 confirming the order of the Judicial Magistrate, Fast Track

Court at Magistrate Level II, Coimbatore in CC.No.126 of 2017 dated 9th

March, 2017.

2. It is seen that the petitioner are the complainants in the

complaint lodged by them for the offence punishable under Section 138

of NI Act in C.C.No.126 of 2017 on the file of the Judicial Magistrate,

Fast Track Court at Magistrate Level II, Coimbatore. The Trail Court

found the second respondent guilty and sentenced him to undergo 1 year

simple imprisonment and also ordered compensation of the cheque

amount at interest to the tune of Rs.8,35,000/-.

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Crl.O.P.No.20744 of 2020

3. Aggrieved by the same, the second respondent preferred an

appeal before the III Additional District and Sessions Judge, Coimbatore,

in Criminal Appeal No.77 of 2017. The Appellate Court also confirmed

the conviction imposed by the Trial Court by the Judgment dated

24.06.2020. Though the first Appellate Court confirmed the conviction,

the petitioner failed to approach the Trial Court to execute the order

passed by the Trial Court. Therefore, the direction sought for in this

petition cannot be considered. However, the petitioners are at liberty to

approach the Trial Court for execution of the order passed by the Trial

Court and sought for issuance of Non Bailable Warrant as against the

second respondent herein. If any warrant is issued against the second

respondent, the first respondent is directed to execute the same in

accordance with law.

4. With the above directions, this Criminal Original Petition is

disposed of.

                                                                                       23.06.2022
                     Internet : Yes / No
                     Index      : Yes / No
                     Speaking / Non Speaking order
                     mn/cda

https://www.mhc.tn.gov.in/judis

Crl.O.P.No.20744 of 2020

G.K.ILANTHIRAIYAN, J.

mn/cda

To

1.The Inspector of Police, E1, Trichy Main Road, Singanalur, Coimbatore – 641005.

2.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.20744 of 2020

23.06.2022

https://www.mhc.tn.gov.in/judis