Madras High CourtCRL OP(MD)/8695/2024dismissed

Jeyalakshmi v. Victoria

2024-06-19Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.06.2024

CORAM

THE HON'BLE MR.JUSTICE B.PUGALENDHI and Crl.M.P.(MD)No.5961 of 2024 Jeyalakshmi ... Petitioner/Petitioner/Accused Vs.

Victoria ... Respondent/Respondent/Complainant PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to set aside the order passed by the learned Judicial Magistrate No.II, Fast Track Court (Magisterial Level) at Madurai in Crl.M.P.No.4128 of 2024, dated 03.06.2024 in S.T.C.No.119 of 2015.

For Petitioner : Mr.C.Susukumar

ORDER

The Criminal Original Petition has been filed to set aside the order made in Crl.M.P.No.4128 of 2024 dated 03.06.2024 in 1/4

S.T.C.No.119 of 2015 on the file of the learned Judicial Magistrate No.II, Fast Track Court (Magisterial Level) at Madurai. 2.The case in S.T.C.No.119 of 2015 was instituted against the petitioner for the offence under Section 138 of Negotiable Instruments Act. He has filed an application under Section 311 of Cr.P.C. before the learned Judicial Magistrate No.II, Fast Track Court (Magisterial Level) at Madurai in Crl.M.P.No.4128 of 2024 seeking permission to summons one T.R.Velusamy, Assistant Director and Document Expert, Regional Forensic Science Laboratory, Madurai. The learned Magistrate has dismissed the said application on 03.06.2024 on the ground that Ex.C1 was marked as suo-motu and the expert clearly gave his opinion, therefore, it is not necessary to summon the expert for cross examination, since there was no ambiguity in his report. Further, the petitioner did not state any valid reasons to summon the expert for cross examination. 3.Since the case is pending from the year 2015 and there is no reason to interfere with the order passed by the learned Judicial 2/4

Magistrate No.II, Fast Track Court (Magisterial Level) at Madurai, this Court is not inclined to entertain this petition. Hence, this petition is dismissed. Consequently connected miscellaneous petition is closed.

19.06.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No sji To The Judicial Magistrate No.II, Fast Track Court (Magisterial Level) at Madurai.

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B.PUGALENDHI , J.

sji 19.06.2024 4/4