Madras High Court
A.V.Raja vs M/S.Minerva Jewells on 7 July, 2021
CRL.O.P.No. 8923 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. 8923 of 2021 and
Crl.M.P.No. 5806 of 2021
A.V.Raja ... 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. 3750 of 2020 in S.T.C.No.346 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.3750 of 2020 in S.T.C.No. 346 of
2018 passed by the learned Judicial Magistrate No.I, Gobichettipalayam,
Erode.
https://www.mhc.tn.gov.in/judis/
CRL.O.P.No. 8923 of 2021
2. The petitioner is the accused and the respondent is the
complainant in S.T.C.No. 346 of 2018. The petitioner has filed three
criminal miscellaneous petitions before the trial Court as follows:-
● To mark documents, he has filed a petition under Section 254
Cr.P.C., in Crl.M.P.No.3748 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.3749 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.3750 of 2020 in S.T.C.No.346 of
2018.
3. After scrutinizing the documents, hearing the petitioner, 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.3750 of 2020, dated
23.02.2021.
4. On submissions and perusal of the order 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 examined and questioned under Section 313 Cr.P.C.
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CRL.O.P.No. 8923 of 2021
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 had appeared.
Since no petition under Section 254 of Cr.P.C., and failed 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 also, no cross
examination done, hence, the cross examination of the respondent closed.
Later on 19.12.2019, again a petition under Section 311 Cr.P.C., was filed
which 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 Act, 1881 against other two accused. The trial Court
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CRL.O.P.No. 8923 of 2021
dismissed the same on 08.12.2020. Thereafter, the respondent's side
arguments heard and the case was posted on 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.3750 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 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 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 and the cheques
were obtained. The petitioner had also sought to examine the Branch
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CRL.O.P.No. 8923 of 2021
Manager, City Union Bank Limited, Gobichettipalayam, Erode, to produce
the document on which day, the cheque book pertaining to the cheque
No.000006 was issued; likewise the Branch Manager, Indusind Bank,
Gobichettipalayam, Erode, to produce the statement of account from
01.05.2015 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 and 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.3750 of 2020 in S.T.C.No.
346 of 2018 passed by the trial Court and the same is hereby confirmed.
Accordingly, this Criminal Original Petition is disposed of. The petitioner
wants to examine himself as witness under Section 315 Cr.P.C., this Court
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CRL.O.P.No. 8923 of 2021
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.
10. The trial Court is directed to conclude the proceedings and pass
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CRL.O.P.No. 8923 of 2021
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.
https://www.mhc.tn.gov.in/judis/
CRL.O.P.No. 8923 of 2021
M.NIRMAL KUMAR, J.
msm
To
The Judicial Magistrate Court No.I,
Gobichettipalayam.
CRL.O.P.No.8923 of 2021
07.07.2021
https://www.mhc.tn.gov.in/judis/
