Madras High Court
Arjunan vs Uma Shankar on 4 January, 2024
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl.R.C.No.2018 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.01.2024
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
Crl.R.C.No.2018 of 2023 and
Crl.M.P.No.18688 of 2023
Arjunan ... Petitioner
Vs.
Uma Shankar ... Respondent
PRAYER: Criminal Revision Petition filed under Sections 397 & 401 of
Criminal Procedure Code, to set aside the order passed in Crl.M.P.No.225 of
2022 in STC No.622 of 2008 on the file of the District Munsif cum Judicial
Magistrate, Arcot, Vellore District and order to examine the respondent as
competent witness for the defence, under Section 315 of Cr.P.C., by
permitting the respondent to mark the documents as prayed in
Crl.M.P.No.225 of 2022 in STC No.622 of 2008 on the file of the District
Munsif cum Judicial Magistrate, Arcot, Vellore District, to prove the contrary
under Section 139 of N.I.Act.
For Petitioner : Mr.K.Nirmal Kumar
For Respondent : Mr.E.Kannadasan
ORDER
The petitioner/accused in S.T.C.No.622 of 2008 has filed a petition
before the learned District Munsif-cum-Judicial Magistrate, Arcot, Vellore
(Trial Court) under Section 315 Cr.P.C., to examine himself as defence
witness and to mark documents in Crl.M.P.No.225 of 2022 in S.T.C.No.622
https://www.mhc.tn.gov.in/judis
of 2008. The trial Court vide order, dated 22.09.2023 dismissed the
petition, against which, the present Criminal Revision Case has been filed.
2.The learned counsel for the petitioner submitted that the petitioner
has lost the subject matter of the cheque with original voter ID and other
documents on 23.01.2007. To that effect, he lodged a Police complaint and
the Police issued non-traceable certificate on 25.01.2007. He further
submitted that the petitioner gave a letter for stop payment for the missing
cheque on 06.02.2007 which is acknowledged by the bank. These
documents are vital which would cut the root of the case. The petitioner was
unable to mark the said documents earlier since the respondent made
objection to the same before the trial Court. In view of the same, the
petitioner filed a petition under Section 315 Cr.P.C., to examine himself as
defence witness and to mark documents but the trial Court without
considering the same, dismissed the petition. Hence, prays for setting aside
the impugned order.
https://www.mhc.tn.gov.in/judis
3.The learned counsel for the respondent submits that the cheque is of
the year 2007 and before the trial Court, he filed a complaint in the year
2008. It is almost fifteen years but till now a complaint under Section 138
of the Negotiable Instruments Act, 1881 is kept pending. In this case, the
respondent was examined in the year 2010 and four documents marked in
support of his case. Since the petitioner attempted to mark inadmissible
documents, the respondent made objections, due to which, the documents
could not be marked. The petitioner's defence is far-fetched, made for the
purpose of delaying the trial, he filed a petition under Section 315 Cr.P.C.
He further submitted that the petitioner had ample opportunity from the year
2010 to produce these documents by filing appropriate petition. On the
other hand, he waited for final arguments, at this stage, he filed the petition
under Section 311 Cr.P.C., to examine India Overseas Bank Manager, to
clarify as regards the petitioner's correspondence with the bank which
required to be brought on record. If the petitioner is allowed to get into the
box, he would further delay the trial. Hence, prays for dismissal of the
present Criminal Revision Case.
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4.Considering the submissions and on perusal of the materials, it is
seen that the petitioner himself is willing to get into the witness box under
Section 315 Cr.P.C., and proposed to give explanation, it would also give an
opportunity for the respondent/complainant to prove her case by way of
cross examination.
5.In view of the same, this Court set asides the impugned order dated
22.09.2023 in Cr.M.P.No.225 of 2022 in S.T.C.No.622 of 2008 passed by
the trial Court. Accordingly, this Criminal Revision Case is allowed.
6.The petitioner is directed to file a petition under Section 315 Cr.P.C.,
to examine himself as defence witness on the next hearing date on
12.01.2024. On 12.01.2024 itself, the examination and cross examination
of the petitioner to be completed without delay. During examination, the
petitioner can produce documents in support of his defence but subject to
the admissibility of the said documents which the trial Court to decide. After
examination of the petitioner, the trial Court to hear the final arguments and
to complete the trial and render judgment on or before 31.01.2024. This
https://www.mhc.tn.gov.in/judis
Court imposes cost of Rs.10,000/- to be paid by the petitioner to the
respondent, which the petitioner complied with. The connected
Miscellaneous Petition is closed.
04.01.2024
Index : Yes/No
Speaking Order/Non Speaking Order
Neutral Citation: Yes/No
Internet: Yes/No
vv2
To
The District Munsif cum Judicial Magistrate,
Arcot, Vellore District.
https://www.mhc.tn.gov.in/judis
M.NIRMAL KUMAR, J.
vv2
04.01.2024
https://www.mhc.tn.gov.in/judis
