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R.Babu vs P.Dhandayuthapani

Madras High Court|27 November, 2017

JUDGMENT / ORDER

This Criminal Original Petition has been filed to quash the private complaint in C.C.No.80 of 2010, pending on the file of the learned Judicial Magistrate No.I, Trichirapalli.
2.Though the learned counsel for the petitioner raised several grounds for quashing the C.C.No.80 of 2010, he submitted that it would suffice, if a direction is issued to the trial Court to complete the trial within a time limit that may be stipulated by this Court and also to permit the petitioner to raise all the grounds raised in this petition before the trial Court.
3.I have heard the learned counsel for the petitioner.
4. Since the petitioner is residing at Kanyakumari District and the proceedings initiated against the petitioner under Section 138 of Negotiable Instruments Act by the respondent is pending before the Judicial Magistrate No.I, Trichirapalli District, the distance between Trichy and Kanniyakumari is at 600 KMs. Hence, it is difficult for the petitioner to appear before the trial court for every hearing. Therefore, the personal appearance of the petitioner is dispensed with unless the learned Magistrate feels that his presence is required for disposal of the case. However, this Court without going into the merits of the case, directs the learned Judicial Magistrate No.I, Trichirapalli, to complete the trial in C.C.No.80 of 2010, within a period of six months from the date of receipt of a copy of this order.
5. With the above direction, this Criminal Original Petition is disposed of. Consequently, connected Miscellaneous Petitions are closed.
To The Judicial Magistrate No.I, Trichirapalli.
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Title

R.Babu vs P.Dhandayuthapani

Court

Madras High Court

JudgmentDate
27 November, 2017