Dr.N.Ramanan v. Dr.K.Revathi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD).No.21218 of 2016 and Crl.M.P.(MD).Nos.10857 and 10858 of 2016 N.Ramanan .. Petitioner/accused Vs.

K. Revathi .. Respondent/complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to call for the records pertaining to the order dated 22.08.2016 passed in Crl.M.P.(MD)No.6268 of 2016 in S.T.C.No.206 of 2014 on the file of the Judicial Magistrate Court, No.I/Fast Track Court Magisterial level, Madurai and the set aside the same in so for as pertaining to dismissal of PW1 alone. For Petitioner : Mr.R.Murugappan For Respondent : Mr.P.Kannithevan, Government Advocate (Crl.side)

ORDER

This petition is filed to set aside the order, dated 22.08.2016, made in Crl.M.P.No.6268 of 2016 in S.T.C.No.206 of 2014, on the file of the learned Judicial Magistrate Court, No.I/Fast Track Court Magisterial level, Madurai, in so far as the dismissal of PW1 alone.

2.Heard the learned counsel for the petitioner and perused the records.

3.The petitioner, who is an accused in a private complaint filed under Section 138 of Negotiable Instruments Act, which was taken as S.T.C.No.206 of 2014, on the file of the learned Judicial Magistrate Court, No.I/Fast Track Court Magisterial level, Madurai, has filed a petition in Crl.M.P.No.6268 of 2016 to recall PW1 and DW2 for the purpose of cross-examination.

4. The learned Judicial Magistrate having found that the petitioner has not given sufficient reason to recall PW1 and in the interest of justice to provide an opportunity to the accused, https://hcservices.ecourts.gov.in/hcservices/

allowed the application in part, by permitting the accused to recall DW2. Against that order, this petition is filed.

5. I do not find any ground to set aside the order passed by the court below. In the result, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (Records) /True Copy/ Sub Assistant Registrar To

1. The Judicial Magistrate, No.I/ Fast Track Court Magisterial level, Madurai.

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

PJL TE/SK : 15/12/2016 : 2P/3C Crl.O.P(MD)No.21218 of 2016 and Crl.M.P.(MD).Nos.10857 and 10858 of 2016 08.11.2016 https://hcservices.ecourts.gov.in/hcservices/