Madras High Court
Mr.Sherifa vs Mr.Chenchu Raju on 6 January, 2021
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.01.2021
CORAM
THE HON'BLE MR. JUSTICE N.ANAND VENKATESH
Crl.O.P.No.17510 of 2020
and Crl.M.P.No.6762 of 2020
Mr.Sherifa,
S/o.Galif Shahib. ... Petitioner.
Vs.
Mr.Chenchu Raju,
S/o.Narayana Raju ...Respondent.
Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C. to stay
the proceedings in C.C.No.1145 of 2015 before Hon'ble Metropolitan
Magistrate, Fast Track Curt, Magisterial level-IV, George Town, Chennai-
01 pending disposal of the Criminal Original Petition and pass orders.
For Petitioner : Mr.D.Kingslin
ORDER
This petition has been filed challenging the order passed by the
Court below dismissing the application filed by the petitioner under Section
311 Cr.P.C. to re-open and re-call P.W.1 for further examination and for
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marking further documents.
2.The petitioner is the complainant in a complaint filed under Section
138 of Negotiable Instruments Act, 1881. It is seen from records that the
complaint was filed in the year 2015. The petitioner examined herself as
P.W.1 and marked documents and she was also cross examined by the
respondent in the year 2016 itself. Thereafter, the Court below closed the
evidence and posted the case for questioning.
3.The respondent filed a petition to re-open for further examination of
the petitioner and this application was dismissed and it was also confirmed
by this Court.
4.The matter was at the stage of arguments and the petitioner seems to
have changed her counsel and after the new counsel took charge, one more
application has been filed to re-open for the purpose of further examination
of P.W.1 and for marking additional documents. This application came to
be dismissed by the Court below by an order dated 06.03.2020. Aggrieved
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by the same, the present petition has been filed.
5.The learned counsel for the petitioner submitted that the Court
below erred in giving a finding to the effect that the petitioner was
attempting to set up a new case even without properly appreciating the
purpose for which the petitioner had sought for the re-opening of the
evidence. The learned counsel further submitted that the petitioner must be
given an opportunity to establish her case and such a right cannot be taken
away on mere surmises. The learned counsel submitted that some time limit
can also be fixed by this Court for the disposal of the application.
6.This Court has carefully considered the submissions made by the
counsel for the petitioner and the materials available on record.
7.This Court does not find any illegality or infirmity in the order
passed by the Court below. The Court below has given cogent reasons as to
why the application filed under Section 311 Cr.P.C. by the petitioner cannot
be entertained and more particularly only on the ground that a new counsel
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has taken charge of the case on behalf of the petitioner.
8.It has been repeatedly held that a mere change of counsel cannot be
a ground for re-opening and re-calling any witnesses. Useful reference can
be made to the judgment of the Hon'ble Supreme Court in the case of State
of Haryana Vs.Ram Mehar and others reported in 2017 1 MLJ (crl) 437.
In the present case, the proceedings are pending from the year 2015 and
after nearly three years when the case was at the stage of final arguments,
the petitioner has chosen to file a petition to re-open and re-call P.W.1 for
further examination and to mark additional documents. There is absolutely
no justification to entertain such an application and the Court below was
perfectly right in dismissing the application.
9.In the result, this Court does not find any merit to interfere in the
order passed by the Court below. Accordingly, this Criminal Original
Petition is dismissed.
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10.The Court below is directed to complete the proceedings in
C.C.No.1145 of 2015, within a period of three months from the date of
receipt of copy of this order.
06.01.2021
Speaking order/Non-Speaking order
Index :Yes/No
Internet:Yes/No
rm
https://www.mhc.tn.gov.in/judis/
N.ANAND VENKATESH, J.,
rm
Crl.O.P.No.17510 of 2020
06.01.2021
https://www.mhc.tn.gov.in/judis/
