Madras High Court
Vignesh Nadarajan vs M/S. Kepl Epc Infra on 12 February, 2025
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
Crl.O.P.No.3674 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.02.2025
CORAM
THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.No.3674 of 2025
Vignesh Nadarajan ..... Petitioner
Vs
M/S. KEPL EPC INFRA,
Rep.By Its Proprietor,
C.Dharmalingam,
No.11/4, Sivakamipuram 2nd Cross Street,
Thiruvanmiyur, Chennai - 600 041. ..... Respondent
Prayer: Criminal Original Petition is filed under Section 528 of the
Bharatiya Nagarik Suraksha Sanhita, 2025, to set aside the order dated
09.01.2025 passed in Crl.M.P.No.33 of 2025 in STC.No.10622 of 2023
on the file of learned XX Metropolitan Magistrate Court, Allikulam,
Chennai.
For Petitioner : Mr.R.Vinayaga Vishnu
ORDER
This Criminal Original Petition has been filed challenging the order dated 09.01.2025 passed in Crl.M.P.No.33 of 2025 in STC No.10622 of 2023 by the learned XX Metropolitan Magistrate Court, Allikulam, Chennai, thereby dismissing the petition filed under Section 1/4 https://www.mhc.tn.gov.in/judis ( Uploaded on: 29/04/2025 01:36:35 pm ) Crl.O.P.No.3674 of 2025 311 of Cr.P.C. to recall P.W.1.
2. Heard the learned counsel for the petitioner and perused the materials available on record.
3. The petitioner is an accused in the complaint lodged by the respondent for the offence punishable under Section 138 of Negotiable Instruments Act, 1881. The respondent was examined as P.W.1 and was subsequently was cross-examined in full by the petitioner. Thereafter, when the matter is posted for argument, the petitioner filed an application under Section 311 of Cr.P.C. seeking to re-call P.W.1 for further cross examination on the ground of eliciting new facts. However, it appears that the intention was only to drag the proceedings. Since the respondent has already been cross examined, no further cross examination is warranted. Therefore, the Trial Court rightly dismissed the petition.
4. In view of the above, this Court finds no infirmity or illegality in the order dated 09.01.2025 passed in Crl.M.P.No.33 of 2025 in STC No.10622 of 2023 by the learned XX Metropolitan Magistrate Court, Allikulam, Chennai. Accordingly, this Criminal Original Petition 2/4 https://www.mhc.tn.gov.in/judis ( Uploaded on: 29/04/2025 01:36:35 pm ) Crl.O.P.No.3674 of 2025 stands dismissed. However, the Trial Court is directed to complete the trial within a period of three months from the date of receipt of a copy of this order.
12.02.2025 Lpp Index:Yes/No Internet:Yes/No To The XX Metropolitan Magistrate Court, Allikulam, Chennai.
G.K.ILANTHIRAIYAN, J.
Lpp 3/4 https://www.mhc.tn.gov.in/judis ( Uploaded on: 29/04/2025 01:36:35 pm ) Crl.O.P.No.3674 of 2025 CRL.O.P.No.3674 of 2025 12.02.2025 4/4 https://www.mhc.tn.gov.in/judis ( Uploaded on: 29/04/2025 01:36:35 pm )