The Court directed the Fast Track Court to expedite the trial and dispose of the criminal complaint case within six months to address allegations of significant delay and procedural lapse.
Directed the Fast Track Court to expedite the trial and dispose of the case within six months from the date of receipt of a copy of this order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.12.2019
CORAM:
THE HON'BLE MR. JUSTICE P. RAJAMANICKAM
Crl.O.P. No. 32215 of 2019
R. Magesh @ Mageshwaran ...Petitioner vs
A.R. Natarajan @ Natraj Kumar ...Respondent
Prayer: Criminal Original Petition filed under Section 482 of Code of Criminal Procedure, to direct the Trial Court to expedite the trial of the above case C.C.No.5060 of 2017, on the file of the XVIII Metropolitan Magistrate, Saidapet, Chennai and dispose of the case at an early date.
For Petitioner : Mr. Mohamed Rafi
ORDER
This Petition has been filed to direct the Trial Court to expedite the trial of the above case C.C.No.5060 of 2017, on the file of the learned XVIII Metropolitan Magistrate, Saidapet, Chennai and dispose of the case at an early date.
2.The learned counsel for the petitioner has submitted that the petitioner has filed a private complaint under Section 138 of the Negotiable Instruments Act, against the respondent/accused and based on the said complaint, the learned XVIII Metropolitan Magistrate, Saidapet, Chennai has taken on the case file in C.C. No. 5060 of 2017. He further submitted that though the aforesaid case was taken on file in the year 2017, the accused appeared only on 05.09.2019, but on that date, the learned Magistrate has not furnished the copy of the complaint to the accused and adjourned the matter to 31.10.2019 for furnishing copies. He further submitted that subsequently the said case was transferred to (Fast Track Court) V Court, Saidapet, Chennai, directing the parties to appear before the said Court on 27.12.2019. He further submitted that since already two years is over, but, so far no progress has been made. Hence, he requests to direct the concerned Magistrate Court to dispose of the aforesaid case within a period of six months.
Sd/-
Assistant Registrar (J)
//True Copy//
Sub Assistant Registrar
kv
To
+1cc to Mr.Mohamed Rafi, Advocate, S.R.No. 103833
Crl.O.P. No. 32215 of 2019
GN(08/01/2020)
1 issue framed by the court
Whether the Trial Court should be directed to expedite the trial and dispose of the case within a period of six months to address undue delay.
1 provisions across 1 enactments
R. Magesh @ Mageshwaran
A.R. Natarajan @ Natraj Kumar
P. Rajamanickam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
