Madras High CourtCRL OP(MD)/11222/2023dismissed

Saranya v. Dhanalakshmi

2023-06-22Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.06.2023 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN and Crl.M.P.(MD)No.8885 of 2023 Saranya ... Petitioner/Accused Vs.

Dhanalakshmi ... Respondent/Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the entire relevant records of the impugned order passed by the learned Judicial Magistrate (Fast Track) Court, Karaikudi in Cr.MP.No.1059 of 2023 dated 02.06.2023 in CC.No.148 of 2023 and consequently set aside the same as illegal.

For Petitioner : Mr.R.Senthilkumar For Respondent : No Appearance

ORDER

This Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the entire relevant records of the impugned order passed by the learned Judicial Magistrate (Fast Track) Court, Karaikudi in Cr.MP.No.1059 of 2023 dated 02.06.2023 in CC.No.148 of 2023 and consequently set aside the same as illegal.

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2. Reading of the order shows that for the purpose of producing the account statement, he wants to recall.

3. Now the learned counsel for the petitioner would submit that even though during the course of cross examination, the petitioner was admitted that the above said money was not given to the accused through Banking transaction, with regard to the financial capacity also, he stated that he has not produced any document. He wants to produce the statement of the account and document to show the financial capacity. On that ground only that petition was allowed by the trial Court by giving opportunity to the petitioner to show his financial capacity and also banking account statement that cannot be found fault. Even though now the respondent is having different version, during the course of cross examination that can be taken advantage by the petitioner at that time of argument. I find no reason to interfere into the above said order of trial Court.

4. With the above said, this Criminal Original Petition stands dismissed. Consequently, the connected Miscellaneous Petition is closed. 22.06.2023 Index : Yes/No Internet:Yes/No indu 2/4

To 1.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN, J., indu Crl.O.P.(MD)No.11222 of 2023 and Crl.M.P.(MD)No.8885 of 2023 22.06.2023 4/4