Selvaraj v. Manikandan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-03-2026

CORAM

THE HON'BLE MR JUSTICE M. NIRMAL KUMAR & CRL MP No.5257 of 2026 Selvaraj S/o.Arumugam, No. 2/5, V.O.C.Street, Gingee Road, Tindivanam.

..Petitioner(s) Vs Manikandan S/o.Ramalingam, No. 26/10, V.O.C.Street, Gingee Road, Tindivanam.

..Respondent(s) Prayer: This Criminal Original Petition is filed under 528 of BNSS, 2023, to call for the records relating to the order dt. 05.02.2026 made in Crl.M.P.No. 72/2026 in C.C.No. 155/2019 on the file of the Judicial Magistrate No.I, Tindivanam and set aside the same.

For Petitioner(s):

Mr.C.Munusamy

ORDER

It is seen that the petitioner is facing trial under Section 138 of the NI Act on the complaint filed by the respondent in CC.No.155 of 2019. The petitioner had filed a petition under Under Section 311 of Cr.P.C.,to recall PW1 for cross

examination. The trial Court by the impugned order dated 05.02.2026 dismissed the same. Challenging the said order, the present petition has been filed. 2.It is seen that the petition seeking to recall PW1 has been filed only on the ground that there is a change of counsel for the accused, which cannot be a ground for allowing the petition. Further, it is seen that the complainant/PW1 was examined in chief on 02.12.2023 and cross-examined elaborately on 23.04.2024. Thereafter, two defence witnesses have been examined and after that, a petition to recall PW1 has been filed petitioner and by the impugned order, the same has been dismissed.

3.On a perusal of the impugned order, it is seen that all the details have been clearly recorded. Therefore, this Court does not find any reason to interfere with the impugned order.

4.Accordingly, the criminal original petition is dismissed. Consequently, the connected miscellaneous petition is closed.

24-03-2026 Index: Yes/No Speaking/Non-speaking order TSG

To The Judicial Magistrate No.I, Tindivanam

M.NIRMAL KUMAR, J.

TSG 24-03-2026