Venkatesh M v. State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-09-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR CRL OP Nos. 26255 and 26256 of 2025 & Crl.M.P.Nos.17866 and 17869 of 2025 Venkatesh M Petitioner in both the petitions Vs State rep by the Inspector of Police Economic Offences Wing, Coimbatore Cr.No.3/2016 Respondent in both the petitions PRAYER in both the Petitions Criminal Original Petitions filed under Sections 528 of BNSS Act to set aside the Common Order made in C.M.P.Nos.161 and 160 of 2025 dated 28.07.2025 in CC.No.1 of 2019 on the file of the Special Judge, Special Court under the TNPID Act, Coimbatore respectively. For Petitioner(s):

Mr.G.Murugendran For Respondent(s):

Mr.R.Vinothraja Government Advocate (Crl.Side)

C O M M O N O R D E R Since the issues involved in the petitions and the parties are one and the same, they are taken up together and a common order is being passed.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent and perused the documents placed on record.

3. Though a challenge has been made to the order of the trial court, viz., dismissing the application to cross examine P.Ws.82 and 88 and D.W.1, now, the petitioner submits that it would suffice if the petitioner is granted opportunity to cross examine P.W.82 alone. In respect of P.W.88 and D.W.1, he will not insist any order.

4. According to the petitioner, there was a contract entered between the petitioner and P.W.82 and the document came to his notice only when D.W.1 has been examined. Further, only to mark the Memorandum of Understanding dated 04.04.2015 and receipts dated 07.01.2015, 27.02.2015, compromise deed dated 26.10.2015 and sale agreement dated 25.02.2015 through P.W.82, the cross examination sought to be done in this regard.

5. Considering the documents sought to be marked, was already available between the parties, this Court is of the view that one more opportunity shall be granted to the petitioner to cross examine P.W.82 alone. Accordingly, this Criminal Original Petition is partly allowed. Let the trial Court fix a date for cross examination of P.W.82 alone and the petitioner shall complete the cross examination of the witness on the same date fixed by the trial Court. If the cross examination has not been done on that date, his right for cross examination of the witness shall be forfeited. Consequently, connected miscellaneous petitions are closed.

25-09-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssd To

1. The Special Judge, Special Court under TANPID Act, Coimbatore

2. State rep by the Inspector of Police Economic Offences Wing, Coimbatore

3. The Public Prosecutor High Court, Madras

N.SATHISH KUMAR J.

ssd CRL OP Nos. 26255 and 26256 of 2025 25-09-2025