Complainant sought a direction to expedite the accused's appeal against his conviction under Section 138 NI Act. The High Court dispensed with notice and directed the appellate court to conclude Crl.A.No.23 of 2023 preferably within three months, disposing of the petition.
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.
CRL OP(MD). No.3570 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 22.07.2024
CORAM
THE HON`BLE MR.JUSTICE B.PUGALENDHI
CRL OP(MD). No.3570 of 2024
Ganesan ... Petitioner Vs Sivabalasubramanian ... Respondent
Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Additional District Sessions Court, Tenkasi, to expedite the appeal in Crl.A.No.23 of 2023, within the time limit that may be stipulated by this Court.
For Petitioners : Mr.Thalaimutharasu.G
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CRL OP(MD). No.3570 of 2024
O R D E R
This Criminal Original Petition is filed, seeking a direction to the Additional District Sessions Court, Tenkasi, to expedite the appeal in Crl.A.No.23 of 2023.
2.The learned Counsel for the petitioner submits that the respondent had borrowed a sum of Rs.3,80,000/- from the petitioner in the year 2015 and the respondent issued a cheque drawn at City Union Bank, Rajapalayam, bearing No.000059 dated 18.01.2016 for a sum of Rs.3,80,000/-. When the petitioner presented the cheque on 15.02.2016, the same was returned as Funds Insufficient. Demanding the cheque amount, legal notice was issued to the respondent and he received the same. Despite the legal notice, the respondent neither come forward to pay the cheque nor caused any reply. Hence, the petitioner filed a complaint under Section 138 of Negotiable Instruments Act, and the same was taken on file in C.C.No.117 of 2016 before the learned Additional District Munsif cum Judicial Magistrate, Sivagiri and the same was allowed, by order, dated 30.01.2022. Aggrieved over the same, the respondent has preferred an appeal in Crl.A.No.23 of 2023, 2/4
CRL OP(MD). No.3570 of 2024
pending on the file of the Additional District Court, Tirunelveli. He further submits that the accused is not proceeding with the appeal and therefore, the appeal is still pending.
3.This Court considered the submissions made by the learned Counsel for the petitioner.
4.Considering the relief sought for in this petition, the notice to the respondent is dispensed. The appellate Court shall endeavor to conclude the proceedings in Crl.A.No.23 of 2023, as expeditiously as possible, preferably, within a period of three months from the date of receipt of a copy of this order.
5.Accordingly, this Criminal Original Petition is disposed of.
22.07.2024
NCC : Yes/No Index : Yes/No Internet:Yes jbr 3/4
CRL OP(MD). No.3570 of 2024
B.PUGALENDHI,J
jbr
To
The Additional District Sessions Court, Tenkasi.
Order made in Crl.O.P.(MD)No.3570 of 2024
22.07.2024
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1 issue framed by the court
Whether the appellate court should be directed to expedite the pending cheque dishonour appeal within a stipulated time?
2 provisions across 2 enactments
Ganesan
Sivabalasubramanian
B.Pugalandhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
