Court allowed Criminal Original Petition challenging dismissal of accused's summons application to produce defence witnesses in Section 138 proceedings, directing trial court to expedite trial.
Petition allowed; order setting aside; accused to produce witnesses within one week; trial to be expedited and completed within eight weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.11.2018
CORAM
THE HONOURABLE MR. JUSTICE B. PUGALENDHI
Crl.O.P.No.17811 of 2011
and M.P.No.1 of 2011
P.D. Appachan
... Petitioner/Accused
Vs
S.A. Chandrasekar ... Respondent/Complainant
Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records in C.C.No.8717 of 2008 on the file of XXIII Metropolitan Magistrate, Saidapet, Chennai and set aside the order dated 08.07.2011 passed in Crl.M.P.No.6049 of 2011 in C.C.No.8717 of 2008.
For Petitioner : Mr.S. M. Muralidharan
For respondent : Mr.K. Balajee
ORDER
The petition in Crl.M.P.No.6049 of 2011 in C.C.No.8717 of 2008 was filed by the accused for issuing summons to the witnesses, to whom he has cited as defence witnesses in Section 138 proceedings pending before the XXIII Metropolitan Magistrate, Saidapet, Chennai.
within a period of eight weeks from the date of receipt of a copy of this order. The petitioner/accused shall produce his witness, if any, before the trial Court by taking necessary steps immediately within a period of one week form the date of receipt of a copy of this order.
Sd/-
Assistant Registrar(CO)
//True Copy//
Sub Assistant Registrar
To
The XXIII Metropolitan Magistrate,
Saidapet, Chennai.
+1cc to Mr.S.M.Muralidharan, Advocate Sr.79610
Crl.O.P.No.17811 of 2011
sr[co]
srg 18/12/2018
2 issues framed by the court
Whether accused entitled to examine defence witnesses in ongoing 138 NI Act proceedings.
Whether dismissal of summons application for protracting trial sustainable.
1 provisions across 1 enactments
P.D. Appachan
S.A. Chandrasekar
B. PUGALENDHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
