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Madras High CourtCRL RC/1255/2025dismissed

C.R.Muthusamy v. K.Ragavendran

2025-07-30Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.07.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P.No.14699 of 2025 C.R.Muthusamy .....

Petitioner Vs K.Ragavendran .....

Respondent Prayer: Criminal Revision is filed under Section 438 r/w 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying to set aside the order dated 27.05.2025 in M.P.No.7 of 2025 in C.C.No.734 of 2017 on the file of the Judicial Magistrate Fast Track Court No.1, (1st Class Judicial Magistrate), Coimbatore.

For Petitioner : Mr.Rajarajan

ORDER

This Criminal Revision Case has been filed challenging the order dated 27.05.2025 passed in M.P.No.7 of 2025 in C.C.No.734 of 2017 by the Judicial Magistrate, Fast Track Court No.I (Magisterial Level), Coimbatore, thereby dismissing the petition to recall D.W.1 and to mark the sale receipt.

2. Heard the learned counsel appearing for the petitioner and perused the materials available on record.

3. It is seen from the records reveals that the petitioner is the accused in the complaint filed by the respondent for the offence punishable under Section 138 of the Negotiable Instruments Act. After a lapse of sixteen years from the date of the complaint, the petitioner filed a petition seeking recall of D.W.1 in order to mark the sale receipt. However, the petitioner remained silent for sixteen years from the date of cross examination as D.W.1 and did not take any steps to mark the sale receipt, that too till the stage of arguments. Therefore, the Trial Court rightly dismissed the petition seeking recall of D.W1 and to mark the sale receipt.

4. In view of the above, this Court finds no infirmity or illegality in the order dated 27.05.2025 passed in M.P.No.7 of 2025 in C.C.No.734 of 2017 by the Judicial Magistrate, Fast Track Court No.I (Magisterial Level), Coimbatore. Accordingly, this Criminal Revision Case stands dismissed. Consequently, connected miscellaneous petition is closed. 30.07.2025 Index : Yes/No Internet : Yes/No Lpp

To The Judicial Magistrate, Fast Track Court No.I (Magisterial Level), Coimbatore.

G.K.ILANTHIRAIYAN. J, Lpp 30.07.2025