← Library
Madras High CourtCRL OP(MD)/16354/2023dismissed

Krishnappa v. T.Poongodi

2023-11-21Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.11.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Krishnappa ... Petitioner Vs.

T.Poongodi ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records order passed in Cr.M.P.No.6236 of 2023 dated 03.08.2023 in C.C.No.210 of 2018 on the file of the Judicial Magistrate Fast Track Court @ Magisterial Level,Karur and set aside the same and and consequently allow the petitioner to recall the PW1 for cross examination. For Petitioner : Mr.R.Mathiyalagan For Respondent : Mr.V.Balaji 1/4

ORDER

This Criminal Original Petition is filed to call for the records order passed in Cr.M.P.No.6236 of 2023 dated 03.08.2023 in C.C.No.210 of 2018 on the file of the Judicial Magistrate Fast Track Court @ Magisterial Level, Karur and set aside the same and and consequently allow the petitioner to recall the PW1 for cross examination.

2. Challenging the order passed by the trial Court in C.M.P.No. 8782 of 2019 in Cr.M.P.No.6236 of 2023 dated 03.08.2023, this petition has been filed. That application was filed by the petitioner seeking recall of P.W.1 for further cross examination.

3. The petitioner is facing charges under Section 138 of Negotiable Instruments Act. The respondent appeared before this Court and stated that five times P.W.1 was recalled and full opportunity was given to the petitioner and after five times, P.W.1 was cross examined in full. In the application, no specific reason has been stated for recalling and baldly stated that some more facts got to be ascertained. The case is of the eyar 2018. Hence, I find no reason to entertain this petition. 2/4

4. Accordingly, this Criminal Original Petition is dismissed. 21.11.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No pnn To 1.The Judicial Magistrate Fast Track Court @ Magisterial Level, Karur. 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

3/4

G.ILANGOVAN ,J.

pnn 21.11.2023 4/4