Ayyappan v. S.M.Deepak Kumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.12.2023

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Ayyappan ... Petitioner in both Crl.O.Ps Vs.

S.M.Deepak Kumar ... Respondent in both Crl.O.Ps Prayer in Crl.O.P.No.28046 of 2023: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to set aside the order dated 20.09.2023 made in Crl.M.P.No.3553 of 2023 in S.T.C.No.230 of 2021 on the file of the learned Judicial Magistrate Court ( FTC) at Tiruchengode.

Prayer in Crl.O.P.No.28047 of 2023: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to set aside the order dated 20.09.2023 made in Crl.M.P.No.3551 of 2023 in S.T.C.No.230 of 2021 on the file of the learned Judicial Magistrate Court ( FTC) at Tiruchengode.

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For Petitioner : M/s.S.Arun Prasath C O M M O N O R D E R Petitioner herein is an accused in a complaint under Sections 138 of NI Act. When the matter was posted for defence side argument, petitioner has filed an application for recall of PW1. The said petitions were dismissed by the the learned Judicial Magistrate Court (FTC), Tiruchengode in Crl.M.P.Nos.3551, 3553 of 2023. Aggrieved by the same, present petitions were filed.

2. This Court finds that, this is the second petition filed by the petitioner to recall PW1. Earlier application filed by the petitioner was allowed on payment of cost and cross examination was over and the matter proceeded to the stage of arguments. Again the present petition is filed to recall PW1. Hence, this Court finds no reason to entertain the present petition.

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3. Accordingly, these Criminal Original Petitions are dismissed. 19.12.2023 Index : Yes/No Sma To Judicial Magistrate Court ( FTC) at Tiruchengode. 3/4

Dr.G.JAYACHANDRAN,J.

Sma 19.12.2023 4/4