S.Gnanasekaran v. M.Sundararajan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-02-2026

CORAM

THE HON'BLE MR.JUSTICE SUNDER MOHAN & Crl.M.P.No.2551 of 2026 S.Gnanasekaran S/o.T.K.Shanmugam, Gnanasekaran Export and G.V.Silks, 2/50-60, First Street, Perumal Koil Street, Seelanaickenpatti, Salem Town.

..Petitioner(s) Vs M.Sundararajan S/o.Madhappan, Proprietor of Vasanth Fabrics, 90, Therkku Pillaiyar Koil Street No.1, Karungalpatti, Gugai, Salem-6.

..Respondent(s) Prayer: This Criminal Revision Petition is filed under Section 438 r/w 442 of the BNSS, 2023, to set aside the order dt. 25.11.2025 made in C.M.P. No. 3540/2025 in C.C.No. 125/2012 on the file of the Judicial Magistrate III, Salem. For Petitioner(s):

Mr.A.M.Esakkiappan

ORDER

The Revision challenges the order passed by the learned Magistrate permitting the respondent herein to mark 28 documents additionally.

2.The learned counsel for the petitioner would submit that though the complaint was filed in the year 2012, the respondent has not chosen to file the said application and a serious prejudice would be caused to the petitioner if the respondent is allowed to file the copies of the documents that is sought to be marked.

3.This Court is of the view that the complainant cannot be denied opportunity of marking the documents only because of the delay. It is needless to say that the petitioners would be entitled to object to the admissibility and cross-examine the witnesses on the documents. 4.This Court therefore, does not find any infirmity in the order passed by the learned Magistrate and hence, the present Revision is dismissed. It is needless to say that the documents can be marked subject to any objections with regard to admissibility, which would be decided by the learned Magistrate. Consequently, the connected criminal miscellaneous petition is closed. 16-02-2026 Index: Yes/No Speaking/Non-speaking order TSG

To The Judicial Magistrate III, Salem.

SUNDER MOHAN, J.

TSG 16-02-2026