The petitioner states that he came to understand that the respondent / complainant had filed Arbitration Proceedings before the District Registrar (Chits), Chennai against him and obtained ex-parte order in the year 2009 claiming the amount of Rs.65,25,200/- in all these cases, being the chit amount of the petitioner, which were not available at the time of cross-examination before the Trial Court. The respondent has filed these cases under Section 138 of the Negotiable Instruments Act in the year 2010 after the arbitration award in 2009. It is also stated that the petitioner filed petitions under Section 311 Cr.PC before the Trial Court for recall of the witness PW1, but the Trial Court dismissed the same without giving any reasons.
2. The learned counsel for the petitioner submits that the petitions filed by the petitioner under Section 311 of Cr.PC were dismissed by the Trial Court without giving any opportunity to the petitioner. Hence, the learned counsel prayed for quashing the orders impugned herein.
3. Heard the learned counsel for the respondent on the submissions made by the learned counsel for the petitioner.
4. Considering the facts and circumstances of the case, the impugned orders dated 20.02.2017 are quashed and the petitioner is permitted to cross examine P.W.1 on 29.06.2017 before the Trial Court. It is made clear that the permission to cross-examine the above witness has been granted on condition that the petitioner has to pay a sum of Rs.6,000/- (Rupees Six Thousand only), ie., Rs.1,000/- for each case, as cost, to the Tamil Nadu Legal Services Authority, R.MAHADEVAN, J.
KM Chennai-600104, within a period of one week from today. It is made clear that no further adjournments or no petition under Section 311 Cr.PC be entertained by the Trial Court.
5. The Criminal Original Petitions are disposed of accordingly.
Consequently, the connected miscellaneous petitions are closed.
Index : Yes/No 20.06.2017 Internet : Yes/No KM Note to the Registry: Issue order copy today (20.06.2017). To
1. The Fast Track Court-III Judge, Saidapet, Chennai.
2. The Public Prosecutor, Madras High Court, Chennai-600 104.
Crl.O.P.Nos.7373 to 7378 of 2017 and Crl.M.P.Nos.5315 to 5320 of 2017 http://www.judis.nic.in