Madras High Court
S.Manikandan @ Durai vs M/S.Minerva Jewells on 1 July, 2021
CRL.O.P.No.11287 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.07.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
CRL.O.P.No.11287 of 2021 and
Crl.M.P.No.6592 of 2021
S.Manikandan @ Durai ... Petitioner
Versus
M/s.Minerva Jewells,
Rep by its sole proprietor,
G.Suresh, (34),
s/o Govindaraj,
78, Bazzar Street,
Gobichettipalayam,
Erode District 638476. ... Respondent
PRAYER: Criminal Original Petition filed under Section 482 of the Code
of Criminal Procedure, to call for the records relating to the order dated
23.02.2021 made in C.M.P.No.3752 of 2020 in S.T.C.No.448 of 2018 on
the file of the learned Judicial Magistrate No I of Gobichettipalayam,
Erode and set aside the same by allowing the Criminal Original Petition.
For Petitioner : Mr.J.Ranjithkumar
*****
ORDER
This Criminal Original Petition has been filed to set aside the order
dated 23.02.2021 made in C.M.P.No.3752 of 2020 in S.T.C.No.448 of
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CRL.O.P.No.11287 of 2021
2018 passed by the learned Judicial Magistrate No.I, Gobichettipalayam
(trial Court).
2.The petitioner is the accused and the respondent is the
complainant in S.T.C.No.448 of 2018. The petitioner has filed three
petitions before the trial Court as follows:-
● To examine on Manikanda as defence witness and to mark
documents, he has filed a petition under Section 254 Cr.P.C., in
Crl.M.P.No.3752 of 2020 in S.T.C.No.346 of 2018.
● To recall the respondent for cross examination, he has filed a
petition under Section 311 Cr.P.C., in Crl.M.P.No.3753 of 2020 in
S.T.C.No.346 of 2018.
● To examine himself as defence witness, he has filed a petition
under Section 315 Cr.P.C., in Crl.M.P.No.3754 of 2020 in
S.T.C.No.346 of 2018.
3.The trial Court, by order, dated 23.02.2021, dismissed all the
above three petitions, against which the petitioner has filed the present
Criminal Original Petition to set aside the order made in
Crl.M.P.No.3752 of 2020, dated 23.02.2021.
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CRL.O.P.No.11287 of 2021
4.On perusal of the orders of the trial Court, it is seen that in this
case, the respondent was examined in chief on 01.05.2019 and thereafter,
his evidence was closed. On 16.05.2019, the petitioner was examined
and questioned under Section 313 Cr.P.C. The petitioner was given time
up to 13.06.2019 to file the list of defence witnesses if any he proposes to
examine. On 13.06.2019, the petitioner failed to appear before the trial
Court and no representation for him. On 08.07.2019, the petitioner had
appeared. Since no petition under Section 254 of Cr.P.C., was filed to
examine any defence witness, the defence side witness was closed. On
27.02.2019, the petitioner filed a petition under Section 311 Cr.P.C., to
cross examine the respondent. On 19.08.2019, the petition under Section
311 Cr.P.C., was allowed. Thereafter, the petitioner failed to cross
examine the respondent and the case was adjourned to 16.12.2019 and on
that day also, no cross examination was done and hence, the cross
examination of the respondent was closed. Later on 19.12.2019, again a
petition under Section 311 Cr.P.C., was filed and it was allowed on
24.08.2020. Thereafter, the case was adjourned for several hearing and
the petitioner was present, but no cross examination was done. Finally
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CRL.O.P.No.11287 of 2021
on 22.10.2020, the cross examination of the respondent was done in
detail and closed. On 19.11.2020, the petitioner filed a petition to
conduct the proceedings of this case along with two other cases filed by
the respondent under Section 138 of the Negotiable Instruments Act,
1881 against other two accused. The trial Court dismissed the same on
08.12.2020. Thereafter, the respondent's side arguments was heard and
the case was posted on 14.12.2020 for defence side argument. At this
stage, the above said three petitions came to be filed. Finding that no
proper reason given and the petitions are filed only to protract the
proceedings for one reason or other, the trial Court dismissed the above
three petitions. As against the dismissal of the three petitioners, the
petitioner has filed the above Criminal Original Petition to set aside the
order made in Crl.M.P.No.3752 of 2020, dated 23.02.2021.
5.It is seen that the order of the trial Court is self explanatory,
which clearly depicts the conduct of the petitioner in protracting the trial
for one reason or other. The petitioner had sought to examine one
A.A.Manikandan as defence witness to depose about that he was partner
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CRL.O.P.No.11287 of 2021
with the petitioner and the respondent and doing turmeric business and
its income and expense. Further, during cross examination of the
respondent, it was putforth that the then Sub Inspector of Police, District
Crime Branch, Erode conducted enquriy on the complaint of the
petitioner on 16.11.2017 and the cheques were obtained. The petitioner
had also sought to examine the Branch Manager, South Indian Bank
Limited, Gobichettipalayam Branch to produce the document on which
day, the cheque book pertaining to the cheque No.53116981 was issued;
likewise the Branch Manager, HDFC Bank, Gobichettipalayam Branch to
produce the statement of account from 01.01.2015 to 14.12.2020;
V.Manikandan @ Mani and one A.M.Manikandan.
6.On perusal of the materials, it is seen that the petitioner was
given ample opportunity and the case has been pending from the year
2018. The petitioner is protracting and delaying the cross examination.
Finally on 22.10.2020, he had cross examined the respondent. The cross
examination has been done in detail and the defence of the petitioner has
been putforth, which has been denied by the respondent. Further, the
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CRL.O.P.No.11287 of 2021
petitioner on his own conduct has lost his right of examining the defence
witnesses.
7.In view of the above, this Court is not inclined to set aside the
order dated 23.02.2021 made in Crl.M.P.No.3752 of 2020 in
S.T.C.No.448 of 2018 passed by the trial Court and the same is hereby
confirmed. Accordingly, this Criminal Original Petition is disposed of.
Though the petitioner has not filed petition to set aside the order dated
23.02.2021 in Crl.M.P.No.3754 of 2020 in S.T.C.No.448 of 2018 to
examine the petitioner as witness under Section 315 Cr.P.C., this Court in
the interest of justice invoking Section 482 of Cr.P.C., considered the
same.
8.Considering the petitioner's submission that he is willing to
examine himself as defence witness, this Court permits the petitioner to
examine himself as witness under Section 315 Cr.P.C., and produce
documents available with him without asking any further time. This
opportunity is given taking into consideration the statutory presumption
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CRL.O.P.No.11287 of 2021
is against the petitioner and now, the petitioner wants to give explanation
and produce documents.
9.It is made clear that the examination of the petitioner under
Section 315 Cr.P.C., is to be done within a period of 15 days from the
date of receipt of a copy of the order, after commencement of the normal
functioning of the Court below. No further adjournment would be given
by the trial Court for any reason. The petitioner to make final
submissions, if he so desires.
10.The trial Court is directed to conclude the proceedings and pass
judgment within a period of two weeks after examination of the
petitioner under Section 315 Cr.P.C. Consequently, the connected
Criminal Miscellaneous Petition is closed.
01.07.2021
vv2
Index: Yes/No
Internet: Yes/No
https://www.mhc.tn.gov.in/judis/
CRL.O.P.No.11287 of 2021
M.NIRMAL KUMAR, J.
vv2
To
The Judicial Magistrate Court No.I,
Gobichettipalayam.
CRL.O.P.No.11287 of 2021
01.07.2021
https://www.mhc.tn.gov.in/judis/
