Samuthiram v. Sivaperumal

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.08.2025

CORAM

THE HON`BLE MR.JUSTICE B.PUGALENDHI and Crl.M.P.(MD)No.11180 of 2025 Samuthiram ... Petitioner versus Sivaperumal ... Respondent Prayer : Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records pertaining to the order passed in Cr.M.P.No.1712 of 2024 in C.C.No.38 of 2024 dated 19.10.2024, on the file of the Fast Track Court, Karaikudi and set aside the same. For Petitioner : Mr.V.Sorimuthu

ORDER

The petitioner is the sole accused in C.C.No.38 of 2024 on the file of the Fast Track Court, Karaikudi, for the offence under Section 138 of the Negotiable Instruments Act. He has filed a petition in Cr.M.P.No. 1712 of 2024 under Section 311 Cr.P.C. seeking to recall P.W.1 for 1/4

further cross-examination. The trial Court, by order dated 19.10.2024, dismissed the said petition that there is no representation for the petitioner for several hearings. Challenging the same, this Criminal Original Petition is filed.

2. It appears that the impugned order has been passed on 19.10.2024, which has been challenged by the petitioner only in the month of August 2025. Further, the petitioner has not filed 'B' diary extract and not furnished any details as to when the petition in Cr.M.P.No.1712 of 2024 has been filed and the reasons for not prosecuting the said petition for several hearings. Therefore, this Court is not inclined to entertain this petition.

3. Accordingly, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed. 22.08.2025 Index : Yes / No.

Internet : Yes / No.

NCC : Yes / No.

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To

1. The Fast Track Court, Karaikudi.

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B.PUGALENDHI, J.

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