[Cites 3, Cited by 0]
Madras High Court
A.Ranganathan vs L.K.Vennila on 21 April, 2026
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl. O.P. No. 10116 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.04.2026
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
Crl. O.P. No. 10116 of 2026
and
Crl. M.P. No. 7227 of 2026
A. Ranganathan ... Petitioner
vs.
L.K. Vennila ... Respondent
Criminal Original Petition is filed under Section 528 of Bharatiya
Nagarik Suraksha Sanhita, 2023, to set aside the order passed by the XXV
Metropolitan Magistrate Court, Egmore, Chennai dated 01.04.2026 in
Crl.M.P.No.562 of 2026 in S.T.C.No.9596 of 2024.
For Petitioner : Mr. S. Athikumar
For Respondent : Mr. A. Arasu,
ORDER
The petitioner / accused, who is facing trial in a private complaint
filed by the respondent under Section 138 of the Negotiable Instruments Act
in S.T.C. No. 9596 of 2024, filed a petition under Section 353 of BNSS
https://www.mhc.tn.gov.in/judis
seeking permission to examine himself as a defence witness and to mark five
documents as exhibits. The Trial Court, by order dated 01.04.2026,
dismissed the same, against which, the present petition has been filed.
2. The contention of the petitioner is that he is facing trial under
Sections 138 and 142 of Negotiable Instruments Act, wherein the
presumption operates against him. The petitioner is duty-bound to
probabilise his defence either by cross-examining the witnesses or by
examining defence witnesses and producing defence exhibits.
2.1. In this case, the petitioner has come forward to examine himself
as a witness under Section 353. By doing so, he removes the protective
shield granted under Constitution and exposes himself to cross-examination.
The petitioner is in custody of five documents, namely, (i) a letter dated
30.01.2025 issued by the Regional Manager, Kerala Roadway Private
Limited; (ii) statements and receipts of the amount received by the
respondent / complainant and her husband from Anand Transport; (iii) the
account statement of the petitioner’s bank account with the State Bank of
India, Anna Nagar, (iv) video footage of the respondent / complainant
receiving money at the petitioner’s business premises, along with a
certificate under Section 65B of the Indian Evidence Act; and (v) a jewel
https://www.mhc.tn.gov.in/judis
loan bill in the name of the complainant from the Central Co-operative
Bank.
2.2. These five documents are in the possession of the petitioner and
he is ready to mark them as exhibits. It is further submitted that the case is
posted for arguments tomorrow. The petitioner is ready to appear before the
Trial Court along with the documents, adduce evidence and mark the
documents as exhibits.
3. The learned counsel for the respondent strongly opposed the
petitioner’s submissions and submitted that for 11 hearings, the case was
posted for defence evidence, but the petitioner did not produce any defence
witness and has been dragging the trial. He further submitted that the
petitioner took nine months to cross-examine PW1 and by giving one reason
or another, has been protracting the trial. Hence, the Trial Court, having
considered all these aspects, rightly dismissed the petition. He also
submitted that the documents produced by the petitioner are disputed.
4. Considering the submissions and upon perusal of the materials on
record, the learned counsel for the petitioner, on instructions, submitted that
the petitioner / accused is ready to appear before the Trial Court tomorrow
https://www.mhc.tn.gov.in/judis
(i.e., on 22.04.2026) along with the documents to be marked and will
complete his evidence without seeking any further adjournment.
5. The learned counsel for the respondent / complainant submitted that
he is ready to cross-examine the witness on the same day and that there will
be no delay.
6. In view of the undertaking given by both counsel for the petitioner
and the respondent, this Criminal Original Petition is allowed. Consequently,
connected miscellaneous petition is closed.
7. The petitioner is directed to appear before the Trial Court on
22.04.2026, failing which, the respondent is at liberty to approach this Court.
21.04.2026
Neutral Citation: Yes/No
AT
Note: Issue order copy on 21.04.2026
To
The XXV Metropolitan Magistrate Court, Egmore, Chennai.
https://www.mhc.tn.gov.in/judis
M.NIRMAL KUMAR, J.
AT
Crl. O.P. No. 10116 of 2026 and
21.04.2026
https://www.mhc.tn.gov.in/judis
