Madras High Court
R.Kamatchi vs M.Ramasamy on 26 April, 2021
Crl.OP.No.7749 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.04.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
Crl.OP.No.7749 of 2021 &
Crl.MP.Nos.5111 & 5112 of 2021
R.Kamatchi ... Petitioner
Versus
M.Ramasamy ... Respondent
PRAYER: Criminal Original Petition filed under Section 482 of the Code
of Criminal Procedure, to set aside the order dated 08.01.2021 in
CMP.No.1454 of 2020 in CC.No.201 of 2018 on the file of the Judicial
Magistrate No.II, Namakkal.
For Petitioner : Mr.C.Gunasekaran
ORDER
The petitioner / accused in CC.No.201 of 2018 is facing trial for
the offence punishable under Sections 138 and 142 of the Negotiable
Instruments Act.
2.The grievance of the petitioner is that she had filed a petition
https://www.mhc.tn.gov.in/judis/
Crl.OP.No.7749 of 2021
under Section 315 of Cr.P.C. to examine herself as a witness and to prove
the fact that four Cheques had been lost and she had given 'stop
payments' instructions to the bank. The trial court dismissed the petition
on 08.01.2021 and immediately, the petitioner had filed an Original
Petition before this Court and it was returned at the stage of SR and
thereafter, she had filed the present Original Petition and hence there is
no delay in challenging the order of the trial court. Now, the case is
posted for Judgment before the trial court on 30.04.2021. A great
prejudice would be caused to the petitioner if the order of the trial court
is not set aside. The petitioner shall be given an opportunity to examine
herself and to mark 'stop payments' instructions which was
acknowledged by Karur Vysya Bank, Pelukurichy Branch.
3. Considering the submissions and on perusal of materials, it is
seen that the trial court had in the dismissal order stated that the
petitioner was examined on 16.10.2020 under Section 313 of Cr.P.C.
Thereafter, the case was posted for arguments on 06.11.2020.
Subsequently, the case has been periodically adjourned for one reason or
https://www.mhc.tn.gov.in/judis/
Crl.OP.No.7749 of 2021
another. Later on, a petition under Section 315 Cr.P.C. came to be filed
and on the same day, it was dismissed. In the order, though there is
mention about the seven adjournments periodically given after the case
was posted for arguments from 24.03.2020 till 11.09.2020, the petitioner
had not filed any petition then. Only on 08.12.2020, a petition under
Section 315 Cr.P.C. has been filed.
4. The contention of the learned counsel for the petitioner is that
the petitioner may be given one more opportunity so that the bank return
memo can be marked.
5. From a perusal of the complaint, it is seen that the reply notice
of the petitioner had been listed as Document No.5 and in the reply
notice of the petitioner dated 18.11.2017, it is clearly mentioned about
the missing of four Cheques and the instructions given to Karur Vysya
Bank Limited, Pelukurichy Branch. Since the fact of missing of the
Cheques have already been brought into the case, the petitioner to be
examined would not serve any purpose and it would only cause further
https://www.mhc.tn.gov.in/judis/
Crl.OP.No.7749 of 2021
delay in the case.
6. The case is posted for Judgment before the trial court on
30.04.2021. In the circumstances of the case, this Court gives liberty to
the petitioner to appear before the trial court on 27.04.2021 or
28.04.2021 and file her written submissions and advance her arguments
after giving notice to the respondent/complainant. The trial court is
directed to proceed with the case as adjourned earlier and pronounce the
Judgment on 30.04.2021.
7. This Petition is disposed of with the above directions.
Consequently, the connected Miscellaneous Petitions are closed.
26.04.2021
mbi
Index: Yes/No
Internet: Yes
Speaking/Non-Speaking Order
Note: Issue order copy on 26.04.2021.
To
https://www.mhc.tn.gov.in/judis/
Crl.OP.No.7749 of 2021
1.The Judicial Magistrate No.II,
Namakkal.
2.The Public Prosecutor,
Madras High Court,
Chennai.
https://www.mhc.tn.gov.in/judis/
Crl.OP.No.7749 of 2021
M.NIRMAL KUMAR, J.
mbi
Crl.OP.No.7749 of 2021 &
Crl.MP.Nos.5111 & 5112 of 2021
26.04.2021
https://www.mhc.tn.gov.in/judis/
