IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 30.10.2025 Coram: The Honourable Mrs.Justice T.V.THAMILSELVI Crl.R.C.No.2187 of 2025 and Crl.M.P.No.20156 of 2025 Smt.Epsiba ...Petitioner Versus Mr.Vellaichamy ...Respondent This Criminal Revision Case is filed under Section 438 r/w. 442 of BNSS, 2023 praying to set aside the order dated 23.07.2025 passed by the learned Fast Track Magistrate, Ambattur in Crl.M.P.No.330 of 2025 in S.T.C.No.42 of 2024 and allow this petition. For Petitioner : Mr.M.Ramachandran ORDER This Civil Revision Case has been filed by the petitioner seeking to set aside the order dated 23.07.2025 in Crl.M.P.No.330 of 2025 in S.T.C.No.42 of 2024 passed by the learned Fast Track Magistrate, Ambattur. 1/7 https://www.mhc.tn.gov.in/judis 2. The brief facts of the case are that respondent/complainant had preferred a complaint against the petitioner/accused for the offence under Sections 138 of the Negotiable Instruments Act, 1881. The Fast Track Magistrate Court, Ambattur had taken the said complaint on file in S.T.C.No.42 of 2024. The petitioner/accused is a schizophrenia patient and her mental capacity is not fit to adduce evidence before the Court. Hence, Mr.Kumar (husband of petitioner/accused) has filed a petition in Crl.M.P.No.330 of 2025 in S.T.C.No.42 of 2024 praying to send the petitioner/accused to medical examination to assess her mental capacity. The learned Fast Track Magistrate, Ambattur vide Order dated 26.05.2025, directed the petitioner/accused to appear before the Institute of Mental Health, Kilpauk for medical examination and adjourned the case to 17.06.2025 for filing the medical report. However, till 23.07.2025, no medical report was produced on behalf of the petitioner/accused. Therefore, the learned Fast Track Magistrate, Ambattur vide order dated 23.07.2025, closed Crl.M.P.No.330 of 2025 in S.T.C.No.42 of 2024 as default and ordered to issue Non-Bailable Warrant to petitioner/accused. Hence, the present Criminal Revision Case. 2/7 https://www.mhc.tn.gov.in/judis 3. The learned counsel for petitioner/accused submitted that petitioner/accused is a schizophrenia patient and she has been taking treatment for her mental illness for the past 12 years. He specifically pointed out that an Outreach Psychiatrist, Chennai District Government Peripheral Hospital, Saidapet, Chennai had issued a Certificate of Disability dated 14.07.2023, certifying that the petitioner/accused is suffering from 60% mental illness. It is submitted that the learned Fast Track Magistrate, Ambattur failed to consider the Certificate of Disability issued to petitioner/accused. 3.1. It is further submitted by the learned counsel for petitioner/accused that since the petitioner/accused had sustained an injury in her toe finger, she was taking rest as per the advise of her doctor and thus, petitioner/accused could not appear before the Institute of Mental Health, Kilpauk for medical examination. However, without considering all these aspects, the learned Fast Track Magistrate, Ambattur has closed Crl.M.P.No.330 of 2025 in S.T.C.No.42 of 2024 as default and has also ordered to issue Non-Bailable Warrant to petitioner/accused. 3/7 https://www.mhc.tn.gov.in/judis 4. Heard the learned counsel for the petitioner/accused and perused the materials available on record. 5. It is evident from the records that the learned Fast Track Magistrate, Ambattur vide Order dated 26.05.2025, directed the petitioner/accused to appear before the Institute of Mental Health, Kilpauk for medical examination, but, the petitioner/accused did not appear for medical examination. Hence, the learned Fast Track Magistrate, Ambattur has closed Crl.M.P.No.330 of 2025 in S.T.C.No.42 of 2024 as default and ordered to issue Non-Bailable Warrant to petitioner/accused. 6. I do not find any infirmity in the order passed by the learned Fast Track Magistrate, Ambattur. However, considering the Certificate of Disability dated 14.07.2023 issued by an Psychiatrist an Outreach Psychiatrist, Chennai District Government Peripheral Hospital, Saidapet, Chennai, certifying that the petitioner/accused is suffering from 60% mental illness, this Court is inclined to set aside the impugned order and recall the Non-Bailable Warrant issued to petitioner/accused. 4/7 https://www.mhc.tn.gov.in/judis 7. Accordingly, order dated 23.07.2025 in Crl.M.P.No.330 of 2025 in S.T.C.No.42 of 2024 passed by the learned Fast Track Magistrate, Ambattur is hereby set aside and the Non-Bailable Warrant issued to petitioner/accused is recalled. Consequently, petitioner/accused and her husband are directed to appear before the learned Fast Track Magistrate, Ambattur on 20.11.2025, without fail. On appearance of petitioner/accused, the learned Fast Track Magistrate, Ambattur shall fix a date for appearance of petitioner/accused before the Institute of Mental Health, Kilpauk for medical examination. 8. This Criminal Revision Case shall stand disposed of in the above terms. Consequently, connected Miscellaneous Petition is closed. 30.10.2025 mrr Index: Yes/No Speaking Order (or) Non-Speaking Order 5/7 https://www.mhc.tn.gov.in/judis To 1.The Fast Track Magistrate, Ambattur. 2.The Public Prosecutor, High Court, Madras. 6/7 https://www.mhc.tn.gov.in/judis T.V.THAMILSELVI, J. mrr Crl.R.C.No.2187 of 2025 30.10.2025 7/7 https://www.mhc.tn.gov.in/judis