IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 10.01.2017 CORAM THE HONOURABLE MR. JUSTICE R.MAHADEVAN Crl.O.P.No.122 of 2017 and Crl.M.P.No.87 of 2017 Komalavalli ...
Petitioner Vs Prakash Kumar ... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records and set aside the order in Crl.M.P.No.4532 of 2016 in CC No.2259 of 2012, dated 25.10.2016, on the file of the Metropolitan Magistrate, Fast Track Court -IV, George Town, Chennai, by allowing the Original Petition filed by the petitioner.
For Petitioner : Mr.B.R.Shankaralingam ORDER The present criminal original petition has been filed to set aside the order dated 25.10.2016 passed by the learned Metropolitan Magistrate, Fast Track Court No.IV, George Town, Chennai in Crl.M.P.No.4532 of 2016 in CC No.2259 of 2012.
2. It is the case of the petitioner that she is facing trial before the learned Metropolitan Magistrate, Fast Track Court No.IV, George Town, Chennai, in CC No.2259 of 2012, for the alleged offence punishable under Section 138 of the Negotiable Instruments Act. During the course of trial, she filed a petition in Crl.M.P.No.4532 of 2016 under Section 311 Cr.P.C to recall PW1 for the purpose of cross examination. However, by order dated 25.10.2016, the said petition was dismissed by the learned Magistrate on the ground that the intention of the petitioner to file such petition, was only to drag on the proceedings. Challenging the said order of dismissal, the petitioner has come up with the present petition.
3. Learned counsel for the petitioner submitted that as the petitioner is an aged person and her husband underwent heart surgery for three times, she has to take care of her health as well as her husband's health. As such, she was unable to appear before the trial court and cross examine PW1, when the trial court has provided opportunities to her. Therefore, learned counsel prays to set aside the order impugned herein. Further, learned counsel submitted that to show her bonafide, the petitioner is willing to deposit a sum of Rs.50,000/- before the trial court.
4. Considering the facts and circumstances of the case and taking note of the submissions made by the learned counsel for the petitioner, this Court is of the opinion that an opportunity should be given to the petitioner/accused to cross examine PW1, in order to enable the court below to arrive at a correct decision in the case.
5. Accordingly, this Criminal Original Petition is ordered in the following terms:
(i) The order dated 25.10.2016 passed by the learned Metropolitan Magistrate, Fast Track Court No.IV, George Town, Chennai in Crl.M.P.No.4532 of 2016 in CC No.2259 of 2012 is set aside.
(ii) The petitioner is directed to deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) to the credit of CC No.2259 of 2012 on the file of the learned Metropolitan Magistrate, Fast Track Court No.IV, George Town, Chennai, within a period of four weeks from the date of receipt of a copy of this order, failing which, this order shall stand vacated automatically.
(iii) On such deposit within the stipulated period, the petitioner is permitted to recall P.W.1 for the purpose of cross examination.
(iv) The cross examination of PW1 shall be completed within a period of two weeks from the date of deposit of the said amount.
Consequently, connected Miscellaneous Petition is closed.
10.01.2017 Index:Yes/No rk To 1.Metropolitan Magistrate, Fast Track Court No.IV, George Town, Chennai.
R.MAHADEVAN, J.
rk Crl.O.P.No.122 of 2017 DATED: 10.01.2017 http://www.judis.nic.in