The present Criminal Original Petition has been filed seeking a direction to the learned Judicial Magistrate, Fast Track Court No.I, Erode to permit the petitioner to examine the following defence witnesses viz., (1)M/s.Adroit Financial Commodity Services Pvt. Limited. represented by its Regional Manager; and (2)M/s.Sri Capital Service Limited and (3)M/s.SKI Consultancy Services Limited, both companies represented by its Regional Manager and to mark certain documents through them in STC No.526 of 2015 pending on his file, within the time frame to be stipulated by this Court.
2. According to the petitioner, he is facing trial in STC No.526 of 2015 on the file of the learned Judicial Magistrate Fast Track Court No.I, Erode for the alleged offence punishable under Section 138 of the Negotiable Instruments Act. During the course of trial, he has filed a petition in CMP.No.5347 of 2016 seeking permission to examine three witnesses on his side, for the purpose of establishing his defence that there is no legally enforceable debt existed between the parties. By order dated 22.10.2016, the said petition was dismissed, against which, Crl.RC No.1436 of 2016 was filed before this Court. The said Criminal revision was dismissed as withdrawn. Thereafter, the petitioner sought permission to mark certain documents, which was refused by the trial court. Hence, this petition.
3. On 19.01.2017, when the matter was taken up for consideration, this Court has directed the petitioner to send private notice to the respondent returnable by 06.02.2017. Accordingly, service was effected and Mr.N.Manokaran has entered appearance for the respondent.
4. On 10.02.2017, when the matter was taken up for further hearing, after hearing both sides, this Court has granted interim stay on condition to deposit a sum of Rs.5,00,000/- to the credit of STC No.526 of 2015, on the file of the learned Judicial Magistrate Fast Track Court No.I, Erode, on or before 20.02.2017 and has adjourned the matter to 21.02.2017 for reporting compliance. Accordingly, the matter was listed today. When the same was taken up for consideration, learned counsel for the petitioner submitted that the order of this Court has been complied with on 17.02.2017.
5. In view of such compliance, this Court, in order to provide an opportunity to the petitioner to substantiate his case, is inclined to grant permission to the petitioner to examine the witnesses and mark required documents through them, as prayed for by him.
6. Accordingly, this Criminal Original Petition is disposed of, by permitting the petitioner to examine the witnesses viz., (1)M/s.Adroit Financial Commodity Services Pvt. Limited. represented by its Regional Manager; and (2)M/s.Sri Capital Service Limited and (3)M/s.SKI Consultancy Services Limited, both companies represented by its Regional Manager and mark required documents through them in STC No.526 of 2015 pending on the file of the learned Judicial Magistrate, Fast Track Court No.1, Erode, on 01.03.2017 and 02.03.2017, on which dates, the examination of those witnesses and marking of any documents shall be completed. It is made clear that no further adjournment be granted and no further petition under Section 311 Cr.P.C be entertained by the trial Court. Consequently, connected Miscellaneous Petition is closed.
22.02.2017 Index:Yes/No rk NOTE : ISSUE ORDER COPY ON 23.02.2017 To 1.The Judicial Magistrate, Fast Track Court No.1, Erode.
R.MAHADEVAN, J.
rk Crl.OP.No.1119 of 2017 22.02.2017