Disposed¶29

M.Ramadass v. S.Hemalatha

Madras HC9 Jan 2025CRL OP(MD)/402/2025

Case brief

AI extract

What is this about?

Speedy trial / Section 528 BNSS petition; private-complaint cheque dishonour case under Section 138 NI Act (STC No.4899 of 2019) pending over six years before Judicial Magistrate No.V, Tiruchirappalli; summons pending, covid-19 delays, NBW issued and recalled; respondent questioned 23.12.2022, petitioner examined as PW1, evidence closed 04.08.2023, Section 313(1)(b) Cr.P.C. questioning done; adjournment due to respondent's Section 311 Cr.P.C. petition; Madurai Bench (Justice M.Nirmal Kumar) ordered completion of trial within four months; petition disposed of on 09.01.2025.

What did the court decide?

Judicial Magistrate No.V, Tiruchirappalli directed to complete the trial and dispose of STC No.4899 of 2019 within four months from the date of receipt of copy of the order. ¶29

M.Ramadass Vs S.Hemalatha — Cheque Dishonour | Madras HC (2025)

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Crl.O.P.(MD)No.402 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 09.01.2025

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CORAM

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THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

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Crl.O.P.(MD)No.402 of 2025

M.Ramadass

... Petitioner

S.Hemalatha

... Respondent

PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the learned Judicial Magistrate No.V, Tiruchirappalli to dispose the case in STC No. 4899 of 2019 within a stipulated time.

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For Petitioner : Mr.L.Jeen Felix

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ORDER

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This Criminal Original Petition has been filed to direct the learned Judicial Magistrate No.V, Tiruchirappalli to dispose the case in STC No. 4899 of 2019 within a stipulated time.

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Heard the learned counsel appearing for the petitioner and

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perused the materials available on record.

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1/4 https://www.mhc.tn.gov.in/judis

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Crl.O.P.(MD)No.402 of 2025

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3.It is case of the petitioner that based on the private

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complaint lodged by the petitioner, a case has been registered against the respondent is pending in STC No.4899 of 2019. The case is kept pending for service of summon. Due to covid-19, the case was adjourned without any progress. Thereafter, NBW was issued against the respondent for her non-appearance and the same was recalled. The respondent was questioned on 23.12.2022 and the petitioner was examined as PW1. The evidence was closed on 04.08.2023 and the respondent was questioned under Section 313(1)(b) of Cr.P.C. However, the case was adjourned further on the ground that the respondent has filed a petition under 311 of Cr.P.C. The petitioner is aged about 74 years and hence, prays for speedy trial.

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4.Considering the submission made by the petitioner, it is

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seen that even after lapse of 6 years, the trial is not yet completed. Now the case is posted for recall of PW1. The case was registered for the offence under Section 138 NI Act, therefore, the trial has to be completed by the trial Court within the stipulated time.

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2/4 https://www.mhc.tn.gov.in/judis

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Crl.O.P.(MD)No.402 of 2025

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