Madras High CourtCRL OP/24829/2025disposed of

C.S.Aditya Praveen v. S.Muthuvel,

2025-09-10Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-09-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR & Crl.M.P.Nos.16913 & 16915 of 2025

1. C.S.Aditya Praveen S/o. B.Sarath Chander, No.9, Old No.8, Crescent Road, Shenoy Nagar, Chennai - 30.

Petitioner(s) in both Crl.OPs Vs

1. S.Muthuvel, S/o. Subramaniam, No.107, Eldams Road, Teynampet, Chennai - 18.

Respondent in Crl.O.P.No.2829 of 2025 S.P.Vijayakumar, S/o.Subramaniam No.25-A,Rangarajapuram Main Road, Kodambakkam, Chennai - 18.

Respondent(s) For Petitioner(s):

Mr.Sunny Sheen for Mr.K.Karthikeyan COMMON PRAYER : Criminal Original Petitions filed under section 528 of BNS to set aside the Order passed in Crl.M.P.Nos. 3463 of 2024 and 5 of 2025

in C.C.Nos.1049 & 1048 of 2020 dated 15.07.2025 and 23.07.2025 respectively by the learned XXVII Metropolitan Magistrate, Saidapet Chennai. COMMON ORDER These petitions have been filed challenging the Order of dismissal of the petitions filed to issue summons under section 91 of Cr.P.C. to P.W.1 to produce Income tax accounts, the licence obtained under Money Lenders Act and also to produce ledge accounts in the both the cases.

2. The petitioner had filed these petitions to substantiate his case that the cheque was not supported by consideration. However, taking note of the admission of the accused while questioning under section 313 Cr.P.C., the trial Court had dismissed the petitions. In view of this Court, mere summoning the documents under section 91 of Cr.P.C. will not enable the petitioner to prove the documents. If the petitioner really want to rebut the legal presumption, mere production of the documents will not serve any purpose. The contents of the document has to be proved and the persons, who are in custody of the documents have to be summoned and examined as defence witness to prove its

contents. Hence, I do not find any infirmity in the Orders passed by the trial Court.

3. Accordingly, these Criminal Original Petitions are dismissed. 10-09-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes vrc To, The XXVII Metropolitan Magistrate, Saidapet, Chennai.

N.SATHISH KUMAR, J.

vrc 10-09-2025