Sasikala v. Krishnappa
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.06.2024
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Sasikala ... Petitioner Vs.
Krishnappa ... Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, prayed to set aside the order passed in Crl.MP.No.3184 of 2020 in S.T.C.No.201 of 2017 dated 28.07.2022 on the file of the learned Judicial Magistrate, Fast Track Court, Hosur, Krishnagiri District and direct the trial Court to permit the petitioner to examine the witness namely Mr.Ramesh, S/o.Krishnappa as D.W.2. For Petitioner : Mr.P.Saravanan
O R D E R
This Criminal Original Petition is filed by the petitioner/accused under Section 254(2) of Cr.P.C to examine additional witness on his behalf. However, the trial Court on considering the facts of the case has 1/4
dismissed the application.
2. The learned counsel appearing for the petitioner submits that in connection with the money transaction, he is an eye witness who speak about the discharge of debt and therefore, the said eye witness by name Ramesh, S/o Krishnappa has to be summoned to give evidence.
3. The perusal of the records, does not disclose about the discharge of debt in the presence of one Ramesh either as a suggestion to the complainant during the cross examination or in the chief examination of the accused/petitioner. It has been elucited about the discharge of debt in the prsence of one Ramesh, S/o.Krishnappa.
4. While so, the present petition is filed introducing a new fact and witness after seven years of the pendency of the criminal complaint initiated under Section 138 of Negotiable Instruments Act. The trial Court has rightly dismissed the application and this Court finds no reason to interfere in the order of the trial Court. Hence, this Criminal Original Petition is dismissed.
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To
1. The Judicial Magistrate, Fast Track Court, Hosur, Krishnagiri District 2.The Public Prosecutor, High Court of Madras, Chennai.
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Dr.G.JAYACHANDRAN,J.
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