K.Nallasamy v. M.Elango

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.05.2019

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.No.12708 & 12711 of 2019 and Crl.M.P.No.6539 & 6540 of 2019 N.Nallasamy

...Petitioner (in both Crl.O.Ps)

Vs.

M.Elango

...Respondent (in both Crl.O.Ps)

COMMON PRAYER: Criminal Original Petitions filed under Section 482 of the Cr.P.C., against the order dated 24.04.2019 made in Crl.M.P.Nos.2140 and 2141 of 2019 in S.T.C.No.110 of 2018 on the file of the Judicial Magistrate, Fast Track Court No.1, Erode. For Petitioner :Mr.M.Guruprasad in both Crl.O.Ps C O M M O N O R D E R These petitions have been filed challenging the orders passed by the Court below, dismissing the petitions filed for issuing summons to the Branch Manager in order to examine him as witness.

2. The petitioner is facing trial before the Court below for an offence under Section 138 of the Negotiable Instruments Act. The trial was completed and the case was at the stage of pronouncing Judgment and at that stage, the petitioner has chosen to file a petition for examining the Branch Manager of the Bank as a witness.

3. The Court below has considered the petition in detail and has rightly held that the petition itself has been filed only to drag on the proceedings and the petitioner has chosen to wait till the Court posted the case for final Judgment, to file a petition of this nature.

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4. This Court does not find any illegality or infirmity in the orders passed by the Court below and there are absolutely no grounds to interfere with the order.

5. In the result, the Criminal Original petitions are dismissed.

Sd/- Assistant Registrar //True copy// Sub Assistant Registrar hvk/kkn To

1. The Judicial Magistrate, Fast Track Court No.1, Erode

2. -do - Through'The Chief Judicial Magistrate, Erode Crl.O.P.No.12708 & 12711 of 2019 and Crl.M.P.No.6539 & 6540 of 2019 VG I(CO) GMY(20/05/2019) https://hcservices.ecourts.gov.in/hcservices/