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Madras High CourtCRL RC/944/2025dismissed

Sunitha.K.G v. King Sashendranath

2025-07-01Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.07.2025

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P.No.12595 of 2025 Sunitha K.G.

...Petitioner

Vs.

Kingston Sashendranath ... Respondent PRAYER: Criminal Revision Petition filed under Section 397 r/w. Section 401 of Cr.P.C. to set aside the order dated 10.06.2025 in C.M.P.No.673 of 2025 in S.T.C.No.2 of 2021 on the file of learned Fast Track Magistrate at Coonor.

For Petitioner : Mr.K.Venkat

ORDER

This revision has been preferred as against the order dated 10.06.2025 in C.M.P.No.673 of 2025 in S.T.C.No.2 of 2021 on the file of learned Fast Track Magistrate at Coonor, thereby dismissing the petition filed to reopen and examine the defense witness.

2. The petitioner is an accused in the complaint lodged by the respondent for the offence punishable under Section 138 of NI Act. The respondent filed a complaint alleging that the petitioner borrowed a sum of Rs.9,12,000/- on 10.03.2020 and towards repayment of the same the petitioner issued a cheque. It was presented for collection however it was returned dishonoured for the reason "funds insufficient". Therefore after causing statutory notice, the respondent filed a complaint. The petitioner, after receipt of statutory notice, failed to send any reply.

3. The respondent was cross-examined as P.W.1. Even in the crossexamination of P.W.1, the petitioner did not whisper anything about the possession of cheque and issuance of cheque by one Ramya to whom now the petitioner had filed an application to examine. While being so, the

petitioner failed to establish that the person who he is intended to be examined as defense side witness and on what way connected to the cheque or issuance of cheque. Therefore, the petition filed by the petitioner was rightly dismissed by the trial Court. This Court finds no illegality or infirmity in the order passed by the trial Court. The Trial Court is directed to dispose the case within a period of two months from the date of receipt of a copy of this order.

4. Accordingly, this Criminal Revision Case is dismissed. Connected miscellaneous petition is closed.

01.07.2025 Index : Yes/No : Yes/No Speaking/non-speaking order bkn To

1. The Fast Track Magistrate at Coonor.

G.K.ILANTHIRAIYAN, J.

bkn 01.07.2025