Madras High CourtCRL OP(MD)/1997/2023disposed of

S.Shakila v. Jupietar Match Industries

2023-03-15Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) Nos.1997, 3008, 2004, 1998, 2003, 2001, 3091, 3090, 3093, 3092, 3089, 2005 of 2023 and Crl.M.P(MD) Nos.1765, 1763, 1752, 1756, 1766, 1761 of 2023 S.Shakila ... Petitioners / Accused Vs.

M/s.Jupietar Match Industries, Represented by its partner, N.Radhakrishnan, S/o.Narayanan, 86/3, Katturamanpatti, Kadaiyur Post, Kovilpatti.

...Respondent / Complainant

PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to the order dated 14.12.2022 in Cr.M.P. No.5440 of 2022 passed by the Fast Track Court, Kovilpatti, Thoothukudi District, and to set aside the same and further to direct the Fast Track Court, Kovilpatti, Thoothukudi District to allow the 311 Cr.P.C. petition filed by the petitioner to recall and re-examine P.W.1. 1/4

For Petitioner : Mr. Lajapathi Roy, Senior Counsel for Mr.Rajiv Rufus.V For Respondent : Mr.A.S.Vaikunth COMMON O RDER These Criminal Original Petitions have been filed challenging the orders passed by the Fast Track Court, Kovilpatti, Thoothukudi District, in the applications filed under Section 311 of Cr.P.C. 2.The learned counsel for the respondents in some of the matter has submitted that he has returned the bundle to the party.

3. There was already direction by this Court to complete the trial process before the month of June, 2023, so the second extension of time may not be possible.

4. The learned counsel for the petitioner has given an undertaking that on the date of fixing the cross examination, he will cross examine the witnesses without fail.

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5. Considering the above said undertaking, even though there is a direction by this Court to complete the trial process within the time stipulated on the ground that the case is of the year 2018, since the petitioner is facing serious charges under section 138 of Negotiable Instruments Act, for rendering the complete justice, one more opportunity may be given to the petitioner on stringent conditions.

6. The petitioner is directed to pay Rs.5000/- on each petition to be deposited before the trial Court and the trial Court shall fix the date to cross examine the witness and on that date, the petitioner must cross examine the witness without fail. If any failure is noticed, the petitioner's further right will be forfeited forever.

7. With the above said direction, these Criminal Original Petitions are allowed. Consequently, the connected Miscellaneous petitions are closed.

15.03.2023 NCC:Yes/No Index : Yes/No Internet : Yes/No Indu 3/4

G.ILANGOVAN. J.

Indu To 1.The Fast Track Court, Kovilpatti, Thoothukudi District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD) Nos.1997, 3008, 2004, 1998, 2003, 2001, 3091, 3090, 3093, 3092, 3089, 2005 of 2023 15.03.2023 4/4