Petitioner challenged the lower court's order limiting witnesses under Section 311 Cr.P.C. in cheques dishonour case. Court found no infirmity and dismissed the petition, directing completion of trial within two months.
Petition dismissed; direction to complete proceedings within two months.
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.
Criminal Original Petition No.14653 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.07.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Criminal Original Petition No.14653 of 2023 and Crl.M.P.No.9138 of 2023
T.S.Sakthivel S/o.Somasundaram
...Petitioner
Vs
K.P.Sivakumar S/o.Ponnusamy ... Respondent
PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, 1973, praying to set aside the order dated 07.04.2022 passed in C.M.P.No.6141 of 2021 in S.T.C.No.324 of 2017 on the file of learned Judicial Magistrate (Fast Track Court II), Erode.
For Petitioner : Mr.I.Kowser Nissar
*****
O R D E R
This petition has been filed challenging the order passed by learned Judicial Magistrate (FTC II), Erode, dated 07.04.2022 partly allowing the petition filed by the petitioner u/s.311 Cr.P.C.
1/4
Criminal Original Petition No.14653 of 2023
respondent u/s.138 of the Negotiable Instruments Act. The petitioner filed an application u/s.311 r/w 254(2) Cr.P.C. to permit him to examine six witnesses on the side of the defence. This petition was considered by the Court below after hearing both sides and the Court below partly allowed the petition and out of six witnesses, the petitioner was allowed to examine two witnesses and further, directed the petitioner to pay a sum of Rs.1,000/towards witness batta and also the travelling expenses. Aggrieved by the same, the present petition has been filed before this Court.
In the light of the above discussion, this Court does not find any merit
2/4
Criminal Original Petition No.14653 of 2023
in this petition. Accordingly, this Criminal Original Petition stands dismissed. There shall be a direction to the Court below to complete the proceedings in STC No.324 of 2017 within a period of two (2) months from the date of receipt of a copy of this order. Consequently, connected miscellaneous petition is closed.
04.07.2023
Index : Yes/No Speaking order:Yes/No Neutral citation:Yes/No gm
To
N.ANAND VENKATESH, J
3/4
Criminal Original Petition No.14653 of 2023
gm
Criminal Original Petition No.14653 of 2023
04.07.2023
4/4
1 issue framed by the court
Whether the lower court erred in limiting the number of witnesses allowed to be examined by the accused under Section 311 Cr.P.C.
3 provisions across 2 enactments
T.S.Sakthivel
K.P.Sivakumar
N.Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
