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Madras High CourtCRL OP/7429/2017dismissed

A.H.Nizharudeen, 40 v. M/S.Sree Gokulam Chit &

2017-04-17Honourable Mr Justice C. T. Selvam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.04.2017

CORAM:

THE HON'BLE MR.JUSTICE C.T. SELVAM Crl.O.P.Nos.7429 & 7430 of 2017 and Crl.M.P.Nos.5368 & 5369 of 2017 A.H.Nizarudeen ..Petitioner in both petitions Vs.

M/s.Sree Gokulam Chit & Finance Co., [P] Ltd., Rep. by his power agent, Mr.R.Harikrishnan, S/o.Ramasamy .. Respondent in both petitions Criminal Original Petitions filed under Section 482 of the Criminal Procedure Code praying to set aside the order dated 21.03.2017 passed by the learned Judicial Magistrate, Fast Track Court I, Magistrate Level, Coimbatore, in C.M.P.Nos.2576 and 2577/2017 in C.C.No.36 of 2012. For Petitioner : Mr.A.Mohamed Ismail (in both Crl.O.Ps') ***** COMMON ORDER Petitioner challenges the orders of learned Judicial Magistrate, Fast Track Court I, Magistrate Level, Coimbatore, passed in C.M.P.Nos.2576 and 2577/2017 in C.C.No.36 of 2012 on 21.03.2017.

2. Heard learned counsel for petitioner.

3. Petitioner faces trial in C.C.No.36 of 2012 on the file of learned Judicial Magistrate, Fast Track Court I, Magistrate Level, Coimbatore. Petitioner moved C.M.P.Nos.2576 and 2577/2017 towards re-opening the case and recall of PW-1. Court below has dismissed such petitions on the reasoning that earlier petitions u/s.311 Cr.P.C. stand allowed and the opportunity provided was not availed of. This Court finds no error in the orders under challenge. Finding no merits, the Criminal Original Petitions are dismissed. Connected miscellaneous petitions are closed. 17.04.2017 Index : yes/no Internet: yes gm To The Judicial Magistrate, Fast Track Court I, Magistrate Level, Coimbatore.

C.T.SELVAM, J

gm Crl.O.P.Nos.7429 and 7430 of 2017 17.04.2017 http://www.judis.nic.in