Dismissed¶31

P.Ramesh Babu v. T.M.Rajendran

Madras HC8 Apr 2025CRL OP/10433/2025

Case brief

AI extract

What is this about?

Witness warrant - Section 138 NI Act complaint - accused sought to examine respondent's Bank Manager as defence witness - summons refused - Trial Court dismissed warrant application (no material of deliberate evasion) - Madras High Court found no infirmity or illegality, dismissed Crl.O.P.No.10433 of 2025, but directed fresh summons and witness warrant on non-compliance after due service - S.528 BNSS 2023 - XIII Small Causes Court, Chennai - order dt. 01.02.2025 in Crl.M.P.No.3168 of 2024 in S.T.C.No.805 of 2021 - decided 08.04.2025 by G.K.Ilanthiraiyan, J.

What did the court decide?

No relief to the petitioner; the Criminal Original Petition was dismissed and the connected miscellaneous petition closed, though the Trial Court was directed to issue fresh summons to the witness and a witness warrant if the witness fails to comply despite due service.

P.Ramesh Babu Vs T.M.Rajendran — Cheque Dishonour | Madras HC (2025)

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Crl.O.P.No. 10433 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 08.04.2025

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CORAM:

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THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

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Crl.O.P.No. 10433 of 2025

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and Crl.M.P.No.6939 of 2025

P.Ramesh Babu

..... Petitioner

T.M.Rajendran ..... Respondent

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PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to set aside the order passed in Crl.M.P.No.3168 of 2024 in S.T.C.No.805 of 2021, on the file of XIII Small Causes Court, Chennai, dated 01.02.2025.

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For Petitioner : Mr.G.Vinoth Kumar

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O R D E R

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This Criminal Original Petition has been filed challenging

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the order dated 01.02.2025 passed in Crl.M.P.No.3168 of 2024 in STC No.805 of 2021 by the XIII Small Causes Court, Chennai, thereby dismissing the application filed by the petitioner seeking issuance of a witness warrant as against the witness.

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Page 1 of 4

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No. 10433 of 2025

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2. Heard the learned counsel appearing for the petitioner

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and perused the materials available on record.

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3. The petitioner is an accused in the complaint lodged by

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the respondent for the offence punishable under Section 138 of the Negotiable Instruments Act. The petitioner intended to examine the respondent's Bank Manager as a defence witness. Though summons were served on the Bank Manager, he refused to receive them. Therefore, the petitioner filed an application seeking issuance of a witness warrant as against the said witness to secure his presence for examination. However, the Trial Court dismissed the application on the ground that there was no material to show that the Bank Manager was deliberately evading service of summons.

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4. In view of the above, this Court finds no infirmity or

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illegality in the order dated 01.02.2025 passed in Crl.M.P.No.3168 of 2024 in STC No.805 of 2021 by the XIII Small Causes Court, Chennai. However, the Trial Court is directed to issue fresh summons to the witness and if the witness fails to comply with the summons despite due Page 2 of 4

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No. 10433 of 2025

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service, the Trial Court is directed to issue witness warrant in accordance

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with law.

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5. In the result, this Criminal Original Petition stands

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dismissed. Consequently, connected miscellaneous petition is closed.