Madras High CourtCRL OP/2928/2025dismissed

Rajagopal v. Rajendran

2025-02-05Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Rajagopal ... Petitioner Vs Rajendran ... Respondent PRAYER: Criminal Original Petition is filed under 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to set aside the order passed by the learned Judicial Magistrate, Perambalur -I dated 28.11.2024 in Crl.M.P.No.1576 of 2024 and allow the Criminal Miscellaneous Petition. For Petitioner : Mr.N.Desinghu

ORDER

This Criminal Original Petition has been filed challenging the order passed by the Judicial Magistrate Court-I, Perambalur in Crl.M.P.No.1576/2024 in STC.No.487 of 2023, dated 28.11.2024, thereby dismissed the application filed by the petitioner under Section 91 of Cr.P.C.

2. Heard the learned counsel for the petitioner and perused the materials placed on record.

3. The petitioner is an accused in the complaint lodged by the respondent for the offence punishable under Section 138 of NI Act. After completion of examination of witnesses, when the matter was posted for arguments, the petitioner filed an application under Section 91 of Cr.P.C for production of sale deed, statement of accounts of the complainant and income tax returns filed by the complainant.

4. It is seen that the above said documents are no way connected with the complaint lodged by the respondent for the offence punishable under Section 138 of NI Act. That apart, in the fag end of trial, the petitioner, in order to drag the proceedings, filed a petition that too by filing change of vakalat by a new counsel on record.

5. In view of the above, the Trial Court had rightly dismissed the petition filed under Section 91 of Cr.P.C and this Court finds no infirmity or illegality in the order passed by the Judicial Magistrate Court-I, Perambalur in

Crl.M.P.No.1576 of 2024 in STC.No.487 of 2023, dated 28.11.2024.

6. Accordingly, this Criminal Original Petition is dismissed. 05.02.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order mn

G.K.ILANTHIRAIYAN. J, mn To

1. The Judicial Magistrate I, Perambalur.

2. The Public Prosecutor, High Court, Madras.

05.02.2025