C.v.Vasantha Kumar v. M/S. Rs Development and Construction India Private Ltd.
Case brief
What is this about?
Madras High Court, single Judge (G.K.ILANTHIRAIYAN, J.), decision dated 24.02.2025; Crl.O.P.No.1379 of 2025 under Section 528 B.N.N.S.; challenge to dismissal dated 27.12.2024 of a Section 311 Cr.P.C. petition to recall PW.1 in S.T.C. No. 455 of 2023 (prosecution under Section 138, Negotiable Instruments Act), Judicial Magistrate, Fast Track Court No. 1, Erode; earlier conditional recall (cost of Rs. 750/-) lapsed for non-payment; High Court set aside the dismissal subject to payment of Rs. 2,000/- and directed fixation of a cross-examination date with liberty to the Trial Court to proceed in accordance with law on further default; keywords: recall of witness, costs condition, cross-examination opportunity, N.I. Act trial, Erode.
What did the court decide?
Impugned order dated 27.12.2024 in Crl.M.P. No. 6503 of 2024 in S.T.C. No. 455 of 2023 set aside on payment of Rs. 2,000/- by the petitioner to the respondent; Trial Court to fix a date for cross-examination of PW.1; connected Miscellaneous Petition (Crl.M.P.No.796 of 2025) closed.