R.Amutha v. Kannan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.Nos.6971 & 6978 of 2025 and Crl.M.P.Nos.4454, 4455, 4457 & 4458 of 2025 R.Amutha ... Petitioner in both Crl.O.P.

Vs.

Kannan ... Respondent in both Crl.O.P.

COMMON PRAYER: Criminal Original Petitions are filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to set aside the order passed by the learned Fast Track Judicial Magistrate, Nagapattinam in M.P.No.4 of 2025 in S.T.C.No.29 of 2022 and S.T.C.No.20 of 2021 respectively, dated 13.02.2025 and consequently direct the aforesaid learned Magistrate to examine the persons whose names have been given by her in the said petition as defence witnesses in connection with the said case. In both Crl.O.Ps.

For Petitioner : Mr.R.Anand For Respondent : Mr.J. Ram

COMMON ORDER These petitions have been filed challenging the orders dated 13.02.2025, passed by the learned Fast Track Judicial Magistrate, Nagapattinam in M.P.No.4 of 2025 in S.T.C.Nos.29 & 20 of 2021 respectively, thereby dismissing the applications filed by the petitioner under Section 254(1) of Cr.P.C., to summon the defence side witnesses. 2.

The petitioner is an accused in the complaints lodged by the respondent for the offence punishable under Section 138 of the Negotiable Instruments Act. After completion of complainant side evidence, the petitioner filed the applications in M.P.No.4 of 2025 in both cases, to summon the witnesses to examine them as defence side witnesses. The trial Court dismissed the said applications and as such, the petitioner filed the present petitions. 3.

Heard the learned Counsel appearing on either side and perused the materials placed on record.

4.

It is seen that the petitioner sought for direction to summon the SGSI of Police and the Sub Inspector of Police, Neravy Police Station, Karaikal and also the Immigration Officer, International Airport, Chennai, to

disprove the case of the respondent. Further the petitioner sought for direction to summon those officials to mark the certified copy of the final report in Crime No.66 of 2019, accident register copy in Crime No.66 of 2019 and also the passport copy and the immigration details of the petitioner. Those documents need not to be marked through the officers concerned and it can be marked through the petitioner herself. Therefore, the applications filed by the petitioner have rightly dismissed by the trial Court and this Court finds no infirmity or illegality in the orders passed by the trial Court. It is made clear that the certified copy of the above documents can be marked through the petitioner and the trial Court viz., the learned Fast Track Judicial Magistrate, Nagapattinam, is directed to complete the trial in S.T.C.Nos.29 & 20 of 2022, within a period of three months from the date of receipt of a copy of this Order. 5.

Accordingly, both the Criminal Original Petitions stand dismissed. Consequently, connected miscellaneous petitions are closed. 15.04.2025 Index : Yes/No : Yes/No Speaking/non-speaking order rts

G.K.ILANTHIRAIYAN, J.

rts To

1. The Fast Track Judicial Magistrate, Nagapattinam.

Crl.O.P.Nos.6971 & 6978 of 2025 and Crl.M.P.Nos.4454, 4455, 4457 & 4458 of 2025 15.04.2025