These petitions have been filed to set aside the order passed by the learned Judicial Magistrate, Fast Track Court No.I, Coimbatore in Crl.M.P.Nos.11969 & 11970 of 2016 in C.C.No.376 of 2011.
2. The grievance of the petitioner/complainant is that earlier during trial the respondent/complainant marked the xerox copy of a document which was also permitted by the Court below, and after the evidence was closed, the matter is posted for argument. At that time, the respondent/complainant filed a petitions in Crl.M.P.Nos.11969 & 11970 of 2016 to reopen the case for recall the P.W.1 for production of original invoices. The Court below after perused the materials available on record allowed the petitions. Aggrieved over the same, the present petition has been filed.
3. The learned counsel appearing for the petitioner would submit that the respondent/complainant has already marked xerox copy of the document, which is available on record, now there is necessity to file the original document, and the Court below did not even give any opportunity to cross examine the complainant on that document.
4. Considering the above facts and circumstances of the case, already the respondent/complainant marked the xerox copy of the document, and no prejudice will be caused to the petitioner by marking the original. However, in the interest of justice, the learned Judicial Magistrate, Fast Track Court No.1, Coimbatore is directed to given an opportunity to the petitioner to cross examine the complainant on the documents sought to be marked by the respondent/complainant. The learned Judicial Magistrate is directed to call the matters on 13.02.2017, and on that day the petitioner is directed to cross examine the respondent and on the same day close the evidence. Thereafter, after hearing the arguments of both sides, the Court below is directed to pass orders within a period of one month.
5. With the above direction, the criminal original petitions are disposed of. Consequently, connected M.Ps. are closed.
06.02.2017 rrg
V.BHARATHIDASAN.J
rrg To
1. The Judicial Magistrate, Fast Track Court No.I, Coimbatore.
2. The Public Prosecutor, High Court, Madras-104.
Crl.O.P.Nos.2111 & 2107 of 2017 06.02.2017