Sri Dhanam Tex vs Veeramani
2023 Latest Caselaw 6537 Mad

                                                                             Crl.O.P.No.1378 of 2023

                             IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED: 19.06.2023

                                                        CORAM:

                        THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN

                                               Crl.O.P.No.1378 of 2023

                1.Sri Dhanam Tex
                By its Prop.P.Perumal
                S/o.Perumal,
                No.180B, Paappapatty Kattuvalavu,
                Edanganasalai Village,
                Sankari Taluk,
                Salem District – 637 502.

                2.P.Perumal                                                  ...Petitioners
                                                              Vs.

                Veeramani                                                    ...Respondent

                PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying
                to set aside order passed in CMP No.2778/2022 in C.C.No.129/2022 dated
                18.11.2022 by the District Munsif Cum Judicial Magistrate, Edapadi and
                permit the petitioner to cross examine the respondent/PW1 within the
                stipulated time provided by the Court.

                                  For Petitioners    : Mr.T.Balaji

                                  For Respondent : Mr.Veeramani (Party in person)




                1/6
https://www.mhc.tn.gov.in/judis
                                                                                Crl.O.P.No.1378 of 2023

                                                   ORDER

This Criminal Original Petition is filed to set aside the order in

C.M.P.No.2778 of 2022 in C.C.No.129 of 2022, dated 18.11.2022, passed by

the District Munsif Cum Judicial Magistrate, Edapadi and permit the

petitioner to cross examine respondent/PW1 within the stipulated time

provided by this Court.

2. The learned counsel for the petitioner submitted that petitioner filed

C.M.P.No.2778 of 2022 in C.C.No.129 of 2022 to recall PW1 for the purpose

of cross examination. However, that petition was dismissed. Therefore, this

petition is filed challenging the dismissal order.

3.Respondent Mr.Veeramani (Party in person) is present. He submitted

that the case is pending from 2014 in S.T.C.No.167 of 2015, on the file of the

Judicial Magistrate II, Sankari and then transferred to the file of the District

Munsif Cum Judicial Magistrate, Edapadi and pending in C.C.No.129 of

2022. He has been regularly appearing before the Court and ready for the

purpose of the cross examination, but petitioner deliberately omitted to cross

examine the respondent. When the matter is pending for judgment, petitioner

https://www.mhc.tn.gov.in/judis Crl.O.P.No.1378 of 2023

has filed a petition under Section 311 Cr.P.C. to recall respondent/PW1 for the

purpose of cross examination. Respondent is prepared to accede to the claim

of the petitioner to recall him for the purpose of cross examination and

insisted that cross examination should be conducted and completed on the

same day and that trial should also be completed soon.

4.Considered the rival submissions and perused the records.

5.As narrated above, a case under Section 138 N.I.Act is filed against

the petitioner in S.T.C.No.167 of 2015, on the file of the Judicial Magistrate

II, Sankari. Thereafter, it was transferred to the file of the District Munsif

Cum Judicial Magistrate, Edapadi and pending in C.C.No.129 of 2022. It is

the submission of the respondent that he filed his sworn affidavit on

01.02.2017 and thereafter, he was never cross examined despite he was

present on several dates.

6.Taking note of these facts and also the submission of the learned

counsel appearing for the petitioner and respondent, this Court set asides the

order in C.M.P.No.2778/2022 in C.C.No.129/2022, dated 18.11.2022, passed

https://www.mhc.tn.gov.in/judis Crl.O.P.No.1378 of 2023

by the District Munsif Cum Judicial Magistrate, Edapadi and directs the

petitioner to pay the costs of Rs.5,000/- to the respondent within a period of

two weeks from the date of receipt of a copy of this order. On such payment

of costs to the respondent, petitioner may be permitted to cross examine the

respondent on the date fixed by the learned District Munsif Cum Judicial

Magistrate. If the petitioner fails to avail the opportunity of cross examining

the respondent on the date fixed, no more opportunity shall be given to the

petitioner. Thereafter, the learned District Munsif Cum Judicial Magistrate is

directed to examine the other witnesses on the side of the respondent and then

the witnesses on the side of the petitioner and dispose the case as

expeditiously as possible, preferably within a period of three months from the

date of receipt of a copy of this order.

7.Accordingly this Criminal Original Petition is disposed of.

19.06.2023

Internet :Yes Index :Yes/No sli

https://www.mhc.tn.gov.in/judis Crl.O.P.No.1378 of 2023

To:

1.The District Munsif Cum Judicial Magistrate, Edapadi.

2.The Public Prosecutor, High Court of Madras.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.1378 of 2023

G.CHANDRASEKHARAN, J.

sli

Crl.O.P.No.1378 of 2023

19.06.2023

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