R.Natarajan v. A.Rajendiran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-10-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI AND CRL MP NO. 3645 OF 2024

1. R.Natarajan S/o.Ragavan, No.66, Subbai Street, VV.P.Nagar, Thattanchavady, Pondicherry - 605 009.

Petitioner(s) Vs

1. A.Rajendiran S/o.K.Annamalai, Proprietor of Global Shoes, No.3, 3rd Cross, Manikachettiar Nagar, Shanmugapuram, Pondicherry - 605 009. (Respondent address and trial/satisfaction court name amended as per the order of this court dated 09.09.2025 in Crl.MP.No.16826 of 2025 in Crl.RC.No.395 of 2024) Respondent(s) PRAYER To call for the entire records pertaining to the order without any reasons, passed

by the learned Judicial Magistrate-I, Pondicherry in Cr.M.P.No.1667 of 2023 in S.T.C.No.203 of 2018, dated 18/12/2023, and set aside the same by allowing the Criminal Revision Petition or any other appropriate orders as this Honble Court may deem fit and proper and thus render justice. For Petitioner(s):

E.V.Chandru @ E.Chandrasekaran E.Raam Vijay V.Divya Dhinakari A.Vinothini Affidavit Of Service Filed --------- For Respondent(s):

Fresh Court Notice Service Awaited For Sole Respondent Private Notice Permitted - Proof Filed - Served For Sole Respondent A.RAJENDIRAN S/o.K.Annamalai, Proprietor Of Global Shoes, No.3, 3rd Cross, Manikachettiar Nagar, Shanmugapuram, Pondicherry - 605 009.

JUDGEMENT This Criminal Revision case has been filed to call for the entire records pertaining to the order without any reasons, passed by the learned Judicial Magistrate-I, Pondicherry in Cr.M.P.No.1667 of 2023 in S.T.C.No.203 of 2018,

dated 18/12/2023, and set aside the same by allowing the Criminal Revision Petition.

2. The learned counsel for the petitioner submits that at the time of defence side evidence the respondent has filed an application under Section 254(2) of Cr.P.C to issue summons to the petitioner's saving bank account manager in order to prove the age of the cheque and to prove economic condition of the petitioner. The said application was filed by the accused/respondent herein in order to drag on the proceedings and at the time of the trial there is no purpose to examine the bank manager. In spite of the objection made by the petitioner said application was allowed by the Trial Court without assigning any reason. Further, the learned counsel for the petitioner pointed out that during the cross examination of the defacto complainant, the defacato complainant admits that he has paid the amount in cash out of his own savings and therefore there is not necessity to call for the bank manager to prove the means of the defacto complainant. Hence, he prays to allow this petition.

3. None appeared for the respondent.

4. Admittedly, the cheque was issued in the year of 2017 and the trial started in the year of 2018, all these years respondent/accused admits the signature of the cheque and not disputed the means of the defacto complainant/petitioner herein even while issuing reply notice also he has not disputed the means of the defacto complainant. Thereafter he filed the petition to summon the bank manager. Therefore, it shows that in order to drag on the proceedings the respondent/accused filed the said application but the Trial court has failed to appreciate the same passed the order without any valid reason. Therefore, the order passed by the Trial Court in Cr.M.P.No.1667 of 2023 in S.T.C.No.203 of 2018, dated 18/12/2023 as such is erroneous and liable to be set aside. Further, the Trial Court is directed to speed up the trial without giving unnecessary adjournment preferably within 6 weeks.

5. In the result, this petition is allowed. Pending petition, if any, is/are closed.

06-10-2025 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes

To The Judicial Magistrate-I, Pondicherry.

T.V.THAMILSELVI J.

pbl AND CRL MP NO. 3645 OF 2024 06-10-2025