P.Saravanan v. Chandrasekaran

ORDER This Criminal Original Petition has been filed seeking a direction to the Additional District and Sessions Judge, FTC, Mettur to dispose of the case in Crl.A.No.149 of 2024 within the stipulated time as prescribed by this Court.

¶2The petitioner lodged a complainant under Section 138 of the Negotiable Instruments Act against the respondent in C.C.No.359 of 2023 before the Judicial Magistrate No.II, Mettur. During the trial, the petitioner examined himself as PW1 and marked five documents. On the side of the defence, the respondent/accused examined himself as DW1. After a full fledged Page1 of 4 trial, the Trial Court by judgment dated 25.02.2024, convicted the respondent and sentenced him to undergo six months simple imprisonment and directed him to pay a fine of Rs.2,000/-. Aggrieved against the same, the respondent filed an appeal before the Sessions Court in C.A.No.149 of 2024, which is pending adjudication before the Additional District and Sessions Judge, FTC, Mettur.

¶3The learned counsel for the petitioner submitted that the appeal has been listed for arguments from 13.03.2025. Despite the petitioner was ready for arguments, the case has been periodically adjourned without giving any reason. On 08.12.2025, it was recorded that the respondent/appellant was taking steps to settle the cheque amount to the petitioner/complainant, and that he would pay a sum of Rs.1,50,000/- before the next hearing date i.e. on 21.01.2026. On

21.01.2026, again the respondent sought time, and undertook to pay not less than Rs.1,00,000/- and the case was adjourned. On 05.02.2026, it was recorded that the petitioner had agreed to receive Rs.2,50,000/- and that the respondent paid a sum of Rs.50,000/- on that day and a memo was also filed in this regard. Thereafter, the case was adjourned to 07.04.20226. On 07.04.2026, again the case was adjourned for arguments on 02.06.2026. Thus the respondent has been adopting dilatory tactics and hence, the petitioner is no longer willing to settle the matter. The petitioner now prays that the appeal may be disposed without any further delay. Page2 of 4

¶4Considering the rival submissions and perusal of materials, it is seen that the respondent/accused after taking time for arguments and giving all kind of undertakings to settle the amount, has failed to take any effective steps towards such settlement. In view of the above, this Court directs the Additional District and Sessions Judge, FTC, Mettur, to ignore the memo filed on

05.02.2026 and proceed to hear the appeal on merits and dispose of the same within a period of one month from the date of receipt of a copy of this order. In the meanwhile, if the respondent satisfies the petitioner and settles the amount, the same may be entertained. However, in any event, the appeal shall not to be kept pending for more than one month.

¶5With the above directions, this Criminal Original Petition is disposed of. 12-06-2026 Index: Yes/No Speaking/Non-speaking order PVS To The Additional District and Sessions Judge, FTC, Mettur Page3 of 4 CRLoOPoNo.o14802oofo2026 M.NIRMALoKUMAR,oJ. PVS CRLoOPoNo.o14802oofo2026 12-06-2026 Page4oofo4

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12-06-2026 CORAM THE HON'BLE MR JUSTICE M. NIRMAL KUMAR P.Saravanan ..Petitioner(s) Vs Chandrasekaran ..Respondent(s) To issue direction to directing the Honble Additional District and Sessions Judge, FTC, Mettur to dispose the case in Crl.A.No.149 of 2024 within the stipulated time as prescribed by this Honble court. For Petitioner(s): Mr.C.Deepakkumar