Madras High CourtCRL OP(MD)/13521/2021dismissed

S.Velusamy v. Jeya Ganesh.R

2021-09-15Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.13521 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.13521 of 2021 and Crl.M.P(MD).No.7039 of 2021 S.Velusamy ... Petitioner/Appellan/Accused Vs.

R.Jeya Ganesh ... Respondent/Respondent/Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to set aside the order passed by the learned Fast Track Court (J.M.Level, Kovilpatti) in Cr.M.P.No.1221 of 2021 in C.C.No.103/2016 vide his order dated 05.07.2021. For Petitioner :

Mr.A.S.Rajeswari For Respondents :

Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

This petition has been filed to set aside the order passed by the learned Fast Track Court (J.M.Level, Kovilpatti) in Cr.M.P.No.1221 of 2021 in C.C.No.103/2016 vide his order dated 05.07.2021.

2.The petitioner has filed a petition under Section 91 of Cr.P.C requesting the trial Court to issue summon to the Sub Post Master, Sivakasi Bazzar Post Office, Sivakasi to cause the production of entries in the banker book of account No.1497231 dated 29.12.2005 showing the transaction and issuance of Cheques etc., and the final report filed by the Inspector of Police, Vembakottai Police Station, Vembakottai Taluk, Virudhunagar District.

3.The petition was dismissed by the trial court on the ground that in respect of the first document, he can get the certified copy of the statement of account and produce the same before the concerned court. Similarly, in respect of the 2nd document he can also get the certified copy of those documents from the concerned court and produce the same. So absolutely no irregularity or illegality in passing the above said order.

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Crl.O.P.(MD)No.13521 of 2021 4.As stated above, the petitioner can very well get the certified copies of the documents and produce the same before the concerned court. Without resorting such procedure, it appears that this petitioner has filed a petition under section 81 of the Crl.P.C to send for the documents , which has been rightly rejected by the trial court.

5.This Court does not find any illegality or infirmity in the order passed by the learned Fast Track Court (J.M.Level, Kovilpatti) in Cr.M.P.No.1221 of 2021 dated 05.07.2021. Hence, this Criminal Original Petition is dismissed. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) kmm NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To :

The Fast Track Judge, (J.M.Level), Kovilpatti.

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