Magistrate returns cases for lack of space to keep files

The Madras High Court has come across a peculiar instance of a Metropolitan Magistrate, presiding over a Fast Track Court (FTC) at Saidapet here, returning seven cheque bounce complaints preferred by a media company against actor R. Sarathkumar, his wife Radhika Sarathkumar and film producer Listin Stephen of Kerala because there were no lockers in the FTC to keep the case bundles.

Justice P.N. Prakash came to know of the grim situation in the lower court when he called for remarks from the Magistrate for having returned the complaints.

In his reply to the High Court, the Magistrate of FTC-III said he had been entrusted with as many 2,000 cases, transferred from six courts in Saidapet. However, he had not been provided with safety lockers to keep those case bundles.

As a result, the Magistrate was forced to keep the bundles on the verandah and watch over them, the High Court was told.

After recording his plight, Mr. Justice Prakash assured the judicial officer that the issue would be dealt with by the High Court. He, however, directed the Magistrate to receive the seven complaints in question and pass appropriate orders on them in accordance with law.

The direction was issued on a criminal original petition filed by Radiance Media represented by its authorised signatory S. Ragavendran. The petitioner firm said it had presented as many as seven complaints against Mr. Sarathkumar, his wife and Mr. Stephen of Magic Frames under Section 138 (dishonour of cheques) of Negotiable Instruments Act of 1881 before the XVIII Metropolitan Magistrate in Saidapet.

The Magistrate returned the complaints and instructed the complainant to present them before the FTC-III. When he presented the complaints before the FTC, the presiding officer returned them with a direction to represent them on April 24. Aggrieved by such an action, the complainant approached the High Court seeking a direction to the FTC to take cognisance if a prima facie case was made out and complete the trial within six months in the unnumbered case.