Mr.P.Subramani/59 Years v. C.Ramasamy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.04.2019

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.2013 of 2017 Mr.P.Subramani ... Petitioner Vs.

C.Ramasamy

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C., to set aside the order dt.24.8.2012 passed by trial Court in Crl.M.P.No.5934 of 2015 in C.C.No.149 of 2013 pending before the learned Fast Track Judicial Magistrate-II at Coimbatore. For Petitioner : Mr.K.Jayaraman For Respondent : Mr.M.Muthukrishnan

O R D E R

The Criminal Original Petition has been filed to set aside the order dated 24.8.2012, passed by trial Court in Crl.M.P.No.5934 of 2015 in C.C.No.149 of 2013, pending before the learned Fast Track Judicial Magistrate-II at Coimbatore. 2.Heard, Mr.K.Jayaraman, learned counsel appearing for the petitioner and Mr.M.Muthukrishnan, learned counsel appearing for the respondent and perused the materials available on record. 3.It is seen that the learned Magistrate has allowed the petition in Crl.M.P.No.5934 of 2015 in C.C.No.149 of 2013, thereby permitted the respondent/defacto complainant to lead secondary evidence by marking a copy of the cheque along with the complaint. 4.It is also seen that the affidavit filed in support of the said petition, the respondent/defacto complainant mentioned dishonored Cheque No.000376 dated 4.7.2012, whereas it is seen from the complaint, the cheque which was presented for collection bearing No.896411 dated 18.8.2012.

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5.Therefore, it is made clear that the respondent/defacto complainant is permitted to lead secondary evidence by marking a copy of the Cheque No.896411 dated 18.8.2012. To that effect impugned order is modified and all other observations made in CRL.MP.No.5934 of 2015 in C.C.No.149 of 2013 shall remain intact. 6.Considering the case is of the year 2013, the trial Court is directed to complete the trial within a period of six months from the date of receipt of a copy of this order.

7.With the above observation, this Criminal Original Petition is disposed of. Consequently, connected miscellaneous petition is closed.

-sdAssistant Registrar /TRUE COPY/ Sub Assistant Registrar pam To The Judicial Magistrate - II, Fast Track Court, Coimbatore CRL.O.P.No.2013 of 2017 and CRL.M.P.No.1462 of 2017 NOCA(CO) cm 12/06/2019 https://hcservices.ecourts.gov.in/hcservices/