T.Sunil Ross (M/A-53 Years) vs Mr.Esudian
2023 Latest Caselaw 9441 Mad

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                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 01.08.2023

                                                         CORAM

                                  THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

                                                Crl.O.P No.30321 of 2022

                T.Sunil Ross (M/A-53 years)
                Proprietor of M/s.Shine Constructions
                Mno.10, O Block, 35th Street
                Anna Nagar, Chennai-12.
                                                                     ..    Petitioner/Appellant/Accused


                                                          .Vs.

                Mr.Esudian
                Rep.by his Power of Attorney Holder
                Mr.C.Rajkumar
                s/o.Chandrasekar
                Proprietor of M/s.Selvam Hardware's
                No.2/3, J.J.Nagar East,Chennai-37.

                                                                  ..Respondent/Petitioner/Complainant



                PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal
                Procedure, to set aside the order in CMP.No.1 of 2022 in C.A.No.17 of 2022, on the
                file of learned II Additional District and Sessions Court, Poonamallee @ Thiruvallur
                dated 14.7.2022.


                                        For Petitioner    : Mr. S.Suresh




https://www.mhc.tn.gov.in/judis
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                                                    ORDER

This criminal original petition has been filed challenging the order passed by

the Court below insofar as dismissing the application filed u/s 391 Cr.PC., for cross

examination of PW.1.

2.The respondent filed a complaint u/s 138 of the Negotiable Instruments Act,

1881 against the petitioner before the trial Court in STC.No.154 of 2018. The trial

Court by judgment dated 9.2.2021, convicted the petitioner for offence u/s 138 of

the Negotiable Instruments Act, 1881 and sentenced him to undergo 9 months

imprisonment and to pay Rs.7,80,000/- as compensation within two months.

3.Aggrieved by the above judgment, the petitioner filed an appeal before the

Court below in Crl.A.No.17 of 2021. During the pendency of this appeal, an

application came to be filed u/s 391 Cr.PC., for recalling PW.1 for cross examination

and also the Branch Manager of the Central Bank of India.

4.The Court below allowed the application insofar as examination of the Bank

Manager, Central Bank of India, Mogappair East is concerned and dismissed the

same insofar as recalling PW.1 for cross examination. Aggrieved by the same, the

present criminal original petition has been filed before this Court.

5.This Court has carefully considered the submissions made by the learned

counsel for the petitioner and the materials available on record.

6.This Court does not find any ground to interfere with the order passed by https://www.mhc.tn.gov.in/judis 3 of 4

the Court below and the same does not suffer from any illegality or infirmity. PW.1

has already been cross examined before the trial Court and the jurisdiction u/s 391

Cr.PC., cannot be exercised to fill up gaps and such a relief is granted only in

exceptional cases. Further, it is brought to the notice of this Court that the Bank

Manager has already been examined pursuant to the order passed by the Court

below.

7.In view of the above this criminal original petition stands dismissed

01.08.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order KP

To II Additional District and Sessions Court Poonamallee @ Thiruvallur.

N. ANAND VENKATESH,. J.

https://www.mhc.tn.gov.in/judis KP 4 of 4

Crl.O.P No.30321 of 2022

01.08.2023

https://www.mhc.tn.gov.in/judis