Rajalakshmi vs Lokiya
2023 Latest Caselaw 14038 Mad

                                                                                Crl.O.P.(MD) No.18840 of 2023

                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED: 19.10.2023

                                                        CORAM:

                                  THE HONOURABLE MR.JUSTICE G.ILANGOVAN

                                              Crl.O.P.(MD)No.18840 of 2023

                 Rajalakshmi                                           ...Petitioner / Complainant
                                                          Vs.
                 Lokiya                                                ...Respondent / Accused
                 PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to
                 direct the Learned Fast Tract Court (Magesterial Level), Pattukottai expedite the
                 trial in S.T.C. No.46 of 2019 Learned Fast Tract Court (Magesterial Level),
                 Pattukottai, Thanjavur District within a stipulated time frame.
                                  For Petitioner    :Mr.S.M.Ramasiva

                                                         ORDER

This criminal original petition has been filed seeking direction to the

Learned Fast Tract Court (Magesterial Level), Pattukottai expedite the trial in

S.T.C. No.46 of 2019 Learned Fast Tract Court (Magesterial Level), Pattukottai,

Thanjavur District within a stipulated time frame.

2.The petitioners are facing trial before the trial Court in S.T.C. No.46 of

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.18840 of 2023

2019 for the offences punishable under Sections 138 of Negotiable Instruments

Act. The grievance of the petitioner is that even though the respondent was

convicted in S.T.C.No.46 of 2019, by the Judgment dated 03.10.2019, he went on

appeal. The appellate Court remanded the matter for fresh disposal, in view of

the prayer that was sought by the petitioner to lead further evidence. In spite of

the above said order stipulating one month time to complete the re-trial process,

the respondent is deliberately delaying the said process. On that ground this

petition has been filed.

3.The said trial process ought to have been completed as directed by the

appellate Court dated 14.11.20222. But the time is now over. Even after lapse of

more than 10 months, there is no progress. Let the re-trial process be completed

within a period of two months from the date of receipt of a copy of this order and

compliance report must be submitted by the concerned Court before the Registry.

4.With the above said directions, this criminal original petition stands

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.18840 of 2023

disposed of.

                 Speaking           : Yes / No                                   19.10.2023
                 NCC                : Yes / No
                 Internet           : Yes / No
                 Index              : Yes / No

                 TM

                 To

1.The Judicial Magistrate, Fast Tract Court (Magisterial Level), Pattukottai.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.18840 of 2023

G.ILANGOVAN. J.

TM

Crl.O.P.(MD)No.18840 of 2023

19.10.2023

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