Madras High CourtCRL RC/1345/2025disposed of

Vijaya v. Rajkumar

2025-09-17Honourable Mrs.Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-09-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI C.R.L.RC No. 1345 of 2025

1. VIJAYA W/o.Govindharajan, NO.5/3, Padavattamman Koil Street, Pudupalayam, Cuddalore-1.

Petitioner(s) Vs

1. RAJKUMAR S/o.ramadass, Main Road Muneeswaran Koil Opp, Devanampattinam, Cuddalore-1 Respondent(s) PRAYER: Revision filed under Section 442 of BNSS to set aside the order dated 23.04.2025 passed in Crl.M.P.No,8715 of 2024 in S.T.C.No.1504 of 2021 by the learned Judicial Magistrate-II, Cuddalore. For Respondent(s):

Mr.L. RAM KUMAR

ORDER

Challenging the impugned order dated 23.04.2025 passed in Crl.M.P.No.8715 of 2024 in S.T.C.No.1504 of 2021 by the learned Judicial Magistrate-II, Cuddalore, the petitioner preferred this Criminal Revision Case. 2.Before the Trial Court, the petitioner/accused filed a petition under Section 94 of BNSS, praying to summon the respondent to produce the documents, i.e., two original title documents, two blank cheque leaves and one blank Promissory Note and the same was contested by the respondent. 3.The learned Magistrate on considering the oral and documentary evidence dismissed the petition as no merit. Challenging the same, the present revision has been filed.

4.The learned counsel for the petitioner submitted that those documents are relevant to prove her defence. The petitioner's husband was a close friend to the respondent and at the time of borrowal of loan by the respondent, those documents given have not been handed over to her husband who is already known to him.

5.On perusal of the documents, it is seen that the trial began on 18.08.2023 and sixteen hearings have been taken by the petitioner accused. Thereafter, the said petition has been filed. If at all any document is filed to prove her defence, she has to sought for those documents by giving notice to the defacto complainant, instead of that, she sought for unnecessary adjournments before the Trial Court. Therefore, she did not co-operate with the Court proceedings.

Hence, this Criminal Original Petition is disposed of. If at all any document is to be filed, she is directed to issue notice to the defacto complainant as per the manner known to Law and thereafter, proceed with the matter.

17-09-2025 mps Index:Yes/No Speaking/Non-speaking order Internet:Yes To The Judicial Magistrate-II, Cuddalore.

T.V.THAMILSELVI J.

mps 17-09-2025