Madras High CourtCRL OP(MD)/19642/2025dismissed

S.Karuppaiya v. A.Natarajan

2025-11-12Honourable Mr Justice Sunder Mohan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 12/11/2025

CORAM

THE HONOURABLE MR. JUSTICE SUNDER MOHAN and Crl.M.P(MD)No.16466 of 2025 S.Karuppaiya ... Petitioner/Petitioner/Accused Vs.

A.Natarajan ... Respondent/Respondent/Complainant PRAYER :- This petition is filed under Section 528 of BNSS, 2023, to call for the records the order passed in Crl.M.P.No.20430/2025 in STC No.1582/2017 on the file of the learned Judicial Magistrate III, Tiruchriappalli dated 25.10.2025 and set aside the same as devoid of merits by allowing this Criminal Original.

For Petitioner : Mr.A.Haja Mohideen

ORDER

This petition is filed to set aside the order passed in Crl.M.P.No. 20430 of 2025 in STC No.1582 of 2017 on the file of the learned Judicial Magistrate III, Tiruchriappalli dated 25.10.2025. 1/4

2. The petitioner is facing prosecution under Section 138 of Negotiable Instruments Act in S.T.C. No.1582 of 2017, which was filed by the respondent and the case is pending for the past eight years.

3. The learned Magistrate has dismissed the application in Crl.M.P.No.20430 of 2025 in STC No.1582 of 2017 filed by the petitioner to reopen the case, on the ground that earlier petition was filed by the petitioner for the very same relief. It is mentioned in the order that the first application filed by the petitioner was dismissed on 01.07.2025; that the second application filed for the very same relief cannot be entertained; that P.W.1 and P.W.3 were examined on 10.06.2023 and 18.08.2023; that they were duly cross-examined; and that the petitioner, with an intention to protract the proceedings, filed the petition.

4. As seen from the impugned order, the petitioner has earlier filed Crl.M.P.No.3863 of 2025 for the very same relief and the same was dismissed by the learned Magistrate on 01.07.2025. It appears that P.W.1 and P.W.3 were examined on 10.06.2023 and 18.08.2023. Since the case is pending from 2017, this Court sees no reason to interfere with the 2/4

order passed in Crl.M.P.No.20430 of 2025 in STC No.1582 of 2017 on the file of the learned Judicial Magistrate III, Tiruchriappalli, dated 25.10.2025.

5. In the result, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed. 12.11.2025 Indu To,

1. The Judicial Magistrate III, Tiruchriappalli

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

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SUNDER MOHAN., J Indu CRL OP(MD) No.19642 of 2025 Date : 12/11/2025 4/4