IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 22.06.2017 CORAM THE HONOURABLE MR. JUSTICE R.MAHADEVAN Crl.O.P.No.11292 of 2017 and Crl.MP.No.7427 of 2017 E.Perumal ... Petitioner Vs Shanmugam ... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. to set aside the order dated 12.05.2017 passed by the learned Metropolitan Magistrate Fast Track Court -I, Egmore, Allikulam, Chennai in Crl.MP.No.1958 of 2017 in CC No.7213 of 2014.
For Petitioner : Mr.P.Rajkumar Pandian ORDER The present criminal original petition has been filed to set aside the order dated 12.05.2017 passed by the learned Metropolitan Magistrate Fast Track Court -I, Egmore, Allikulam, Chennai in Crl.MP.No.1958 of 2017 in CC No.7213 of 2014.
2. It is the case of the petitioner that he is facing trial in CC No.7213 of 2014 on the file of the learned Metropolitan Magistrate, Fast Track Court -I, Egmore at Allikulam, Chennai, for the offence punishable under Section 138 of the Negotiable Instruments Act. After completing the questioning the accused under Section 313 Cr.P.C and cross examining the respondent/complainant, the case now stood adjourned for examination of the defence side witnesses. While so, the respondent/complainant filed a petition in CMP.No.1958 of 2017 under Section 311 Cr.P.C to re-examine himself for the purpose of marking certain documents. By order dated 12.05.2017, the said petition was allowed by the trial court. Hence, this petition.
3. Learned counsel for the petitioner submitted that the respondent has filed the said petition seeking permission for re-examination only to fill up lacuna of the case. However, the trial court has allowed the said petition, that too, without assigning any reason, by the impugned order, which, according to the learned counsel, is erroneous, against the law and non-application of mind.
4. Heard the learned counsel for the petitioner and perused the materials placed before this Court.
5. The reading of the order impugned herein would reveal that the trial court, without adducing any reason, has allowed the petition filed under Section 311 Cr.P.C by the respondent. Such kind of order cannot be accepted by this Court. Before passing any order, the trial court has to state cogent and convincing reason, for arriving at such a conclusion. For this reason alone, the impugned order is liable to be set aside.
6. Accordingly, this Criminal Original Petition is allowed and the order dated 12.05.2017 passed by the learned Metropolitan Magistrate Fast Track Court -I, Egmore, Allikulam, Chennai in Crl.MP.No.1958 of 2017 in CC No.7213 of 2014 is set aside. The matter is remanded back to the trial court for fresh consideration and passing afresh order. Consequently, connected Miscellaneous Petition is closed.
22.06.2017 Index:Yes/No rk NOTE: ISSUE ON 27.06.2017 To 1. The Metropolitan Magistrate, Fast Track Court -I, Egmore, Allikulam, Chennai.
R.MAHADEVAN, J.
rk Crl.O.P.No.11292 of 2017 DATED: 22.06.2017 http://www.judis.nic.in