This Criminal Original Petition has been filed to set aside the order passed in C.M.P.No.2028 of 2016 dated 16.12.2016 in S.T.C.No.1485 of 2016 on the file of the District Munsif cum Judicial Magistrate, Sriperumbudur.
2.A private complaint was filed by the petitioner herein against the respondents herein, for the offence under Section 138 of the Negotiable Instruments Act, before the District Munsif cum Judicial Magistrate, Sriperumbudur. After closure of the evidence on the side of the respondents, arguments were heard and the judgment was reserved. In the mean time, the respondents filed a petition in C.M.P.No.2028 of 2016 before the trial Court to examine witnesses on their side. It was objected to, by the petitioner on the ground that the relevant provisions of law for reopening of the witnesses are not mentioned, and that they did not avail the opportunities given earlier by the Court and hence it was only to drag on the proceedings. After considering the submissions made on either side, the trial Court granted permission permitting reopening of the evidence on the side of the defence, on condition to pay a cost of Rs.1,000/- to the petitioner herein. Challenging the same, the present petition is filed.
3. Despite service of private notice and the names of the respondents are also printed in the cause list, there is no representation for the respondents.
4. Heard the learned counsel for the petitioner.
5. Admittedly, the order dated 07.12.2016 permitting reopening of the evidence on the side of the defence, on condition to pay a cost of Rs.1,000/- to the petitioner herein, cannot stand in the eye of law, since the respondents herein had not adduced any reason for consideration of their prayer for reopening. It is also seen from the records that the respondents got adjournments by making several representations before the Court and also they filed transfer application, which was only to drag on the proceedings. It is also seen that when the case was posted for questioning the accused/ respondents, they were called absent. Thereafter the accused defaulted in appearance many times before the trial Court. Hence, this Court is of the view that the order dated 16.12.2016 has to be set aside and accordingly it is set aside. The District Munsif cum Judicial Magistrate, Sriperumbudur is directed to pronounce the judgment in S.T.C.No.1485 of 2014 pending on his file, within a period of two weeks from the date of receipt of a copy of this order.
6. The Criminal Original Petition is disposed of accordingly.
Consequently, the connected miscellaneous petition is closed.
Index : Yes/No 21.03.2017 Internet : Yes/No KM R.MAHADEVAN, J.
KM To The District Munsif cum Judicial Magistrate, Sriperumbudur.
Crl.O.P.No.1329 of 2017 and Crl.MP.No.945 of 2017 21.03.2017 http://www.judis.nic.in