The petitioner has filed the present petition to set aside the order dated 12.06.2017 made in C.M.P.No.2587 of 2017 in STC No.399 of 2015 on the file of the learned Judicial Magistrate, No.2, Pollachi.
2.The learned counsel for the petitioner submitted that the respondent had filed a private complaint in STC No.1415 of 2015 alleging that the petitioner borrowed Rs.3,00,000/- on 30.03.2012 and issued a post-dated cheque for Rs.3,00,000/- and when it was presented for collection, it was returned unpaid with an endorsement funds insufficient. Thereafter the complaint was filed.
3. The learned counsel also submitted that the complainant was examined as P.W.1 and during the course of cross examination of PW1, the counsel was unable to elicit some important and relevant facts to disprove the case of the complainant due to non-availability of some important documents. Now the said documents are available and therefore, the petitioner has filed the present petition seeking to further cross examine PW1.
4. I have perused the materials available on record.
5. Considering the facts and circumstances of the case, the petitioner is directed to deposit a sum of Rs.1,00,000/-(Rupees one lakh only) to the credit of STC No.1415 of 2015 on the file of Judicial Magistrate No.II, Pollachi within a period of two weeks from the date of receipt of a copy of this Order. Only on such deposit, the petitioner is permitted to cross examine only the complainant on 14.07.2017. It is made clear that no further adjournment or petition under Sec.311 of Criminal Procedure Code for the same cause of action shall be entertained. With the above direction, the criminal original petition is disposed of. Consequently, connected Crl.MP is closed.
28-06-2017 Index:yes/no website:yes/no Note: Issue Order dated 30.06.2017 sr To The Judicial Magistrate, No.2, Pollachi.
R. MAHADEVAN.J., sr Crl.O.P.No.12120 of 2017 28-06-2017