Nirmala Vs. Chandrasekar and Another

Nirmala vs Chandrasekar and Another

Type Court Judgment Court Chennai Madurai Decided Mar 03, 2016

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https://sooperkanoon.com/case/1192250

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Citation: sooperkanoon.com/1192250
Court: Chennai Madurai High Court
Judge: P.N. Prakash
Decided On: Mar 03, 2016
Case Number: Crl. O.P. (MD) No. 3807 of 2016
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Negotiable Instruments Act Section 138 Criminal Procedure Code Section 482 Condonation of delay Petitioner was arrested and is undergoing incarceration since then and sought to direct Trial Court to dispose of condoning delay hence this petition - Court held In view of the fact that the Petitioner is ...

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Nirmala

Respondent

Chandrasekar and Another

Excerpt

negotiable instruments act section 138 criminal procedure code section 482 condonation of delay petitioner was arrested and is undergoing incarceration since then and sought to direct trial court to dispose of condoning delay hence this petition - court held in view of the fact that the petitioner is in jail, district sessions judge is directed to dispose of condonation of delay petition filed by petitioner within said period petition disposed of. [para 5] (prayer: criminal original petition filed under section 482 of cr.p.c., praying to direct the learned district sessions judge, thoothukudi to dispose of the condone delay petition filed by the petitioner in cr.m.p.no.135 of 2016 forthwith.) 1. this petition has been filed to direct the learned district sessions judge, thoothukudi to dispose of the condone delay petition filed by the petitioner in cr.m.p.no.135 of 2016 forthwith. 2. heard the learned counsel for the petitioner and the learned government advocate (crl.side) appearing for r2. this court also perused the diary extract. 3. it is seen that this petitioner was convicted in c.c.no.186 of 2013 for an offence under section 138 of negotiable instruments act by the learned fast track court (magisterial level), thoothukudi on 29.09.2014. thereafter, the petitioner did not file a regular appeal. while so, in execution of the sentence of imprisonment, the petitioner was arrested on 15.12.2015 and is undergoing incarceration since then. now, the petitioner has filed an appeal before the learned district sessions court, thoothukudi together with a petition for condoning the delay in preferring cr.m.p.no.135 of 2016. 4. the grievance of the petitioner is that learned district sessions judge, thoothukudi has been repeatedly adjourning the petition without passing any final orders thereon, even though notice has already been served on the other side. 5. in view of the fact that the petitioner is in jail, this court directs the learned district sessions judge, thoothukudi to dispose of the condone delay petition filed by the petitioner in cr.m.p.no.135 of 2016 within one week from the date of receipt of a copy of this order. this criminal original petition is disposed of accordingly.

Full Judgment

(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the learned District Sessions Judge, Thoothukudi to dispose of the condone delay petition filed by the petitioner in Cr.M.P.No.135 of 2016 forthwith.)

1. This petition has been filed to direct the learned District Sessions Judge, Thoothukudi to dispose of the condone delay petition filed by the petitioner in Cr.M.P.No.135 of 2016 forthwith.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for R2. This Court also perused the diary extract.

3. It is seen that this petitioner was convicted in C.C.No.186 of 2013 for an offence under Section 138 of Negotiable Instruments Act by the learned Fast Track Court (Magisterial Level), Thoothukudi on 29.09.2014. Thereafter, the petitioner did not file a regular appeal. While so, in execution of the sentence of imprisonment, the petitioner was arrested on 15.12.2015 and is undergoing incarceration since then. Now, the petitioner has filed an appeal before the learned District Sessions Court, Thoothukudi together with a petition for condoning the delay in preferring Cr.M.P.No.135 of 2016.

4. The grievance of the petitioner is that learned District Sessions Judge, Thoothukudi has been repeatedly adjourning the petition without passing any final orders thereon, even though notice has already been served on the other side.

5. In view of the fact that the petitioner is in jail, this Court directs the learned District Sessions Judge, Thoothukudi to dispose of the condone delay petition filed by the petitioner in Cr.M.P.No.135 of 2016 within one week from the date of receipt of a copy of this order. This Criminal Original Petition is disposed of accordingly.

Same Court & Year Chennai Madurai · 2016 Same Parties Nirmala vs Chandrasekar and Another Same Subject Land Acquisition Same Judge P.N. Prakash

Land Acquisition