The court dismissed the criminal original petition filed by the accused under Section 482 Cr.P.C. against the trial court's order declining to summon the banker; it held payment could be proved via bank statements.
Writ Petition dismissed and Crl.MP.No.3295 of 2024 closed.
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.
Crl. O.P. No. 4486 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.07.2024
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
Crl. O.P. No.4486 of 2024
and
Crl.MP.No.3295 of 2024
S.Kangalakshmi ... Petitioner
Vs.
S.V.Kasturi Rangiah ... Respondent
Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records pertaining to the order passed in Crl.MP.No.57226 of 2023 in STC.No.1918 of 2021 by the Metropolitan Magistrate (FTC-2), Egmore, Allikulam, Chennai-3 and set aside the same.
For Petitioners : Mr.J.Nagarajan
For Respondent : Mr.N.Easwaran
O R D E R
This Criminal Original Petition is filed by the accused, being
aggrieved by the order of the learned Metropolitan Magistrate, partly disallowing this petition filed under Section 254(2) Cr.P.C. The petitioner is facing trial for the offence under Section 138 of Negotiable Instruments
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Crl. O.P. No. 4486 of 2024
Act has filed an application to summon three witnesses and examining
them regarding payments made to the complainant. One is Venkatesan who is employee of the petitioner and the other two witnesses are the Bank Managers of the complainant's company and the accused. The trial Court after considering the facts has allowed the application in so far as the witness by name Venkatesan to speak about the transaction and as far as Bank Manager is concerned for proving the payment through g-pay. It has been observed that examination of Bank Manager is not necessary and same can be proved through other documents and witnesses.
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Crl. O.P. No. 4486 of 2024
documents while he is examined as witness to prove the payment
affording opportunity to the complainant to confront the document.
of. Consequently, the connected miscellaneous petition is closed.
15.07.2024
Vv
To
1. The Metropolitan Magistrate(FTC-2), Egmore, Allikulam, Chennai-3
Dr.G.JAYACHANDRAN,J.
Vv
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Crl. O.P. No. 4486 of 2024
Crl. O.P. No. 4486 of 2024 and Crl.MP.No.3925 of 2024
15.07.2024
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1 issue framed by the court
Whether the applicant's petition under Section 482 Cr.P.C. challenging the impugned order of the trial court should be allowed or dismissed.
1 provisions across 1 enactments
S.Kangalakshmi
S.V.Kasturi Rangiah
G.Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
