In a Section 482 Cr.P.C. petition arising from a cheque dishonour case, the High Court directed the accused to deposit Rs. 1,00,000 to recall the prosecution witness for cross-examination after finding the accused had unutilized prior opportunities and caused undue delay.
Direction to deposit Rs. 1,00,000 to recall P.W.1 for cross-examination.
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 : 28.01.2022
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
Crl.O.P.No.1408 of 2022 and Crl.M.P.No.555 of 2022
A.Senthilkumar ... Petitioner
..Vs..
Kumar ... Respondent
PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to set aside the order dated 14.12.2021 made in Crl.M.P.No.5200 of 2021 in S.T.C.No.431 of 2018 on the file of Judicial Magistrate/FTC No.II at Erode.
For Petitioner : Mr.M.Guruprasad
O R D E R
This petitioner/accused facing trail for offence punishable under Section 138 of Negotiable Instruments Act in S.T.C.No.431 of 2018, before the learned Judicial Magistrate (Fast Track Court No.II),Erode has filed this quash petition.
Section 311 Cr.P.C. in C.M.P.No.5200 of 2021 to recall the witness of P.W.1 for the purpose of cross examination. The trial Court by an order dated 14.12.2021 dismissed the same. Challenging the same the present Criminal Original Petition is filed.
5.This Court considering the fact that the case is pending from 2018 and petitioner/accused has not chosen to cross examine the complainant despite several opportunities being given, this Court deems it fit to direct the petitioner to deposit a sum of Rs.1,00,000/- before the trial Court for cross examination of P.W.1.
Sd/-
Assistant Registrar(CS-V)
//True copy//
Sub Assistant Registrar
arr
To
+1cc to Mr.M.Guruprasad, Advocate SR.No.5343
Crl.O.P.No.1408 of 2022
SPD(CO) GMY(02/02/2022)
1 issue framed by the court
Whether the accused should be directed to deposit money to recall a witness for cross-examination after failing to utilize previous opportunities.
3 provisions across 2 enactments
A. Senthilkumar
Kumar
M. Nirmal Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
