Disposed

R.Edwin Joswa v. S.Kannan

Madras HC9 Feb 2023CRL OP(MD)/2602/2023

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court disposed of a criminal original petition seeking directions to expedite a trial for offences under Sections 138 and 142 of the Negotiable Instruments Act, directing the trial court to complete the trial within five months.

What did the court decide?

Directions issued to the Judicial Magistrate to complete and dispose of the trial in S.T.C.No.113 of 2021 within five months from the date of receipt of this order.

R.Edwin Joswa Vs S.Kannan — Labour and Industrial Disputes | Madras HC (2023)

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Crl.O.P.(MD)No.2602 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 09.02.2023

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CORAM

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THE HON'BLE MR.JUSTICE K.MURALI SHANKAR

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Crl.O.P.(MD)No.2602 of 2023

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R.Edwin Joswa ... Petitioner

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Vs.

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S.Kannan ... Respondent

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PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the learned Judicial Magistrate No.II, FTC at Magistrate Level Madurai (FAC), Madurai to expedite the trial in S.T.C.No.113 of 2021, within a time frame to be fixed by this Court.

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For Petitioner : Mr.A.S.Shangeetha,

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ORDER

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This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders, to direct the learned Judicial Magistrate No.II, FTC at Magistrate Level Madurai (FAC), Madurai to expedite the trial in S.T.C.No.113 of 2021, within a time frame to be fixed by this Court.

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

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Crl.O.P.(MD)No.2602 of 2023

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Since the petition is filed for early disposal of the case, issuance of notice to the respondent is not necessary.

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Heard the learned counsel appearing for the petitioner.

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It is evident from the records that the petitioner has filed a private complaint against the respondent for the offences under Sections 138 r/w 142 of Negotiable Instruments Act and on that basis, the case was registered in S.T.C.No.113 of 2021 on the file of the learned Judicial Magistrate No.II, FTC at Magistrate Level Madurai (FAC), Madurai.

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The learned counsel appearing for the petitioner would submit that the respondent is dragging on the case without any valid reason and that the petitioner is regularly appearing before the concerned Court.

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Admittedly, the above case is pending from 2021 onwards. Section 143(3) of the Negotiable Instruments Act contemplates that every trial under the said Section shall be concluded as expeditiously as possible and an endeavour shall be made to conclude the trial within six months from the date of filing of the complaint. Since the above case is 2/4

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

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Crl.O.P.(MD)No.2602 of 2023

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pending for the past two years and also taking note of the submissions made by the learned counsel on record for speedy disposal of the above case, this Court is inclined to issue necessary directions for early disposal of the above case.

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In view of the above, the learned Judicial Magistrate No.II, FTC at Magistrate Level Madurai (FAC), Madurai, is directed to complete the trial and dispose of the case in S.T.C.No.113 of 2021, as expeditiously as possible, preferably within a period of five months from the date of receipt of copy of this order.

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7.With the above direction, this Criminal Original Petition stands disposed of.

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09.02.2023 NCC : Yes/No Index : Yes / No Internet : Yes / No das

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

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Crl.O.P.(MD)No.2602 of 2023

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K.MURALI SHANKAR,J.

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das

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The Judicial Magistrate No.II, FTC at Magistrate Level Madurai (FAC), Madurai.

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Order made in Crl.O.P.(MD)No.2602 of 2023

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Dated: 09.02.2023

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

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R.Edwin Joswa v. S.Kannan

Case brief

What is this about?

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R.Edwin Joswa v. S.Kannan

Case brief

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