M/S.Palaniappa Marketing Agencies v. Mr.Manoharan

ORDER This criminal original petition has been filed by the petitioner/complainant seeking expeditious disposal of S.T.C.No.260 of 2023 pending on the file of the District Munsif-cum-Judicial Magistrate Court, Pallavaram, Chennai, arising out of the private complaint filed under Section 200 of Cr.P.C. for the offences under Sections 138 and 142 of the Negotiable Page2 of 4 Instruments Act, 1881, within a stipulated time.

¶2The learned counsel appearing for the petitioner submitted that the petitioner filed a private complaint against the respondent and the same was taken on file as S.T.C.No.260 of 2023 pending on the file of the District Munsif-cum-Judicial Magistrate Court, Pallavaram, Chennai. He further submitted that the proceedings under Section 138 of the Negotiable Instruments Act, 1881, has to be completed within a period of six months from the date of filing the complaint, as per Section 143(3), ibid. Despite the same, it has been pending for trial for the past three years. Therefore, this petition has been filed seeking early disposal of the proceedings in S.T.C.No.260 of 2023 pending on the file of the District Munsif-cum-Judicial Magistrate Court, Pallavaram, Chennai.

¶3Heard learned counsel for the petitioner and perused the materials available on record.

¶4It is pertinent to state that a Constitution Bench of the Supreme Court, in the case of High Court Bar Association, Allahabad vs. State of Uttar Pradesh reported in (2024) 6 SCC 267, has held that the constitutional courts, in the ordinary course, should refrain from fixing a time-bound schedule for the disposal of cases pending before any other court. The relevant portion of the said decision for the sake of ready reference is reproduced below: Page3 of 4 "47.3. Constitutional courts, in the ordinary course, should refrain from fixing a time-bound schedule for the disposal of cases pending before any other courts. Constitutional courts may issue directions for the time-bound disposal of cases only in exceptional circumstances. The issue of prioritising the disposal of cases should be best left to the decision of the courts concerned where the cases are pending." (emphasis supplied by this Court).

¶5It has also been held in the aforesaid extracted portion that in exceptional circumstances, constitutional courts may issue directions for time bound disposal of cases.

¶6Considering the facts and circumstances of this case and also considering that the case is of the year 2023 and the same has been pending for the past three years, which, in the opinion of this Court is an exceptional circumstance, this Court directs the learned District Munsif-cum-Judicial Magistrate, Pallavaram, Chennai, to dispose of the case in S.T.C.No.260 of 2023, as expeditiously as possible, preferably within a period of six months from the date of receipt of a copy of this order by following the mandate under Section 143(3) of the Negotiable Instruments Act, 1881.

¶7With the above direction, this criminal original petition stands disposed of. 26-02-2026 SRM Page4 of 4

A.D.JAGADISH CHANDIRA, J. SRM To The District Munsif-cum-Judicial Magistrate, Pallavaram, Chennai. 26-02-2026

Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26-02-2026 CORAM THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA M/s.Palaniappa Marketing Agencies Rep. by its Authorized Signatory/ Director-Chennai Operations Mr.Seshagiri Rao, No.2, Anna Salai, Nagalkeni, Chrompet, Chennai - 600 044. ..Petitioner Vs Manoharan Proprietor, Vetri Home Appliances, Having office at No.7, Arcot road, Porur, Chennai-600116. ..Respondent Criminal Original Petition is filed under Section 528 of BNSS, 2023, to issue a direction to the learned District Munsif-cum-Judicial Magistrate, Pallavaram, Chennai to expedite the trial in S.T.C.No.260 of 2023 within a time frame as may be stipulated by this Court. For Petitioner : Mr.R.Nageswara Rao