Madras High Court
V. Manikandan @ Mani vs M/S.Minerva Jewells on 7 July, 2021
CRL.O.P.No. 11483 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.07.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
CRL.O.P.No. 11483 of 2021 and
Crl.M.P.No. 6668 of 2021
V. Manikandan @ Mani ... Petitioner
Versus
M/s.Minerva Jewells
represented by its sole proprietor,
G.Suresh ... Respondent
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. 3746 of 2020 in S.T.C.No.350 of 2018 on
the file of the learned Judicial Magistrate No I of Gobichettipalayam,
Erode and set aside the same by allowing this 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.3746 of 2020 in S.T.C.No. 350 of
2018 passed by the learned Judicial Magistrate No.I, Gobichettipalayam,
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CRL.O.P.No. 11483 of 2021
Erode.
2. The petitioner is the accused and the respondent is the
complainant in S.T.C.No. 350 of 2018. The petitioner has filed three
criminal miscellaneous petitions before the trial Court as follows:-
● To mark documents and to examine defence witness, a petition
under Section 254 Cr.P.C., in Crl.M.P.No.3746 of 2020 in
S.T.C.No.350 of 2018 was filed.
● To recall the respondent for cross examination, he has filed a
petition under Section 311 Cr.P.C., in Crl.M.P.No.3745 of 2020 in
S.T.C.No.350 of 2018.
● To examine himself as defence witness, he has filed a petition under
Section 315 Cr.P.C., in Crl.M.P.No.3747 of 2020 in S.T.C.No.350 of
2018.
3. After scrutinizing the documents, the trial Court dismissed all the
above three petitions by order dated 23.02.2021, against which the
petitioner has filed the present Criminal Original Petition to set aside the
order made in Crl.M.P.No.3746 of 2020, dated 23.02.2021.
4. On perusal of the orders of the trial Court, it is seen that in this
case, the respondent/complainant was examined in chief on 01.05.2019
and thereafter, his evidence was closed. On 16.05.2019, the petitioner was
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CRL.O.P.No. 11483 of 2021
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 side witnesses if any
he proposes to examine. On 13.06.2019, the petitioner failed to appear
before the trial Court and no representation on behalf of the petitioner
side. On 08.07.2019, the petitioner appeared but no petition under Section
254 of Cr.P.C., 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 PW1. 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 to, no cross examination was done and hence, the cross
examination of the respondent was closed. Later on 19.12.2019, again
another petition under Section 311 Cr.P.C., was filed and it was allowed on
24.08.2020. Thereafter, the case was adjourned for several hearings and
the petitioner was present, but no cross examination was done. Finally 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/complainant under Section 138 of the Negotiable Instruments
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CRL.O.P.No. 11483 of 2021
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 to 14.12.2020 for defence side arguments. 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 petitions, the
petitioner has filed the above Criminal Original Petition to set aside the
order made in Crl.M.P.No.3746 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 time to examine the
witnesses namely A.A.Manikandan and A.M.Manikandan as defence
witnesses to depose that they were partners with the petitioner and the
respondent/complainant doing turmeric business and its income and
expense. Further, during the cross examination of the respondent, it was
put forth that the then Sub Inspector of Police, District Crime Branch,
Erode conducted enquriy on the complaint of the petitioner on 16.11.2017
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CRL.O.P.No. 11483 of 2021
and the cheques were obtained. The petitioner had also sought to examine
the Branch Manager, City Union Bank Limited, Gobichettipalayam,
Erode, to produce the document on which day, the cheque book pertaining
to the cheque No.000014 was issued; likewise the Branch Manager, HDFC
Bank, Gobichettipalayam, Erode, to produce the statement of account from
01.01.2015 to 14.12.2020; A.A.Manikandan and one A.M.Manikandan.
6. On perusal of the materials, it is seen that the petitioner was
given ample opportunity, the case is 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 put-
forth, which has been denied by the respondent. Further, the 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.3746 of 2020 in S.T.C.No.
350 of 2018 passed by the trial Court and the same is hereby confirmed.
Accordingly, this Criminal Original Petition is disposed of. Though the
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CRL.O.P.No. 11483 of 2021
petitioner has not filed any petition to set aside the order dated 23.02.2021
in Crl.M.P.No.3747 of 2020 in S.T.C.No. 350 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 the
documents available with him without seeking any further time. This
opportunity is given taking into consideration the statutory presumption is
against the petitioner and now, the petitioner intends 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 or after commencement of the normal
functioning of the Court below whichever is later. No further adjournment
would be given by the trial Court for any reason. The petitioner to make
final submissions, if he so desires.
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CRL.O.P.No. 11483 of 2021
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.
07.07.2021
msm
Index: Yes/No
Internet: Yes/No
Office Note: Issue order copy on 29.07.2021.
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CRL.O.P.No. 11483 of 2021
M.NIRMAL KUMAR, J.
msm
To
The Judicial Magistrate Court No.I,
Gobichettipalayam.
CRL.O.P.No. 11483 of 2021 and
Crl.M.P.No. 6668 of 2021
07.07.2021
https://www.mhc.tn.gov.in/judis/
