Dismissed¶26

C.R.Muthusamy v. K.Ragavendran

Madras HC19 Aug 2025CRL OP/22943/2025

Case brief

AI extract

What is this about?

Madras High Court, Crl.O.P.No.22943 of 2025, decided 19.08.2025 by N. Sathish Kumar, J. Dismissal of petition under Section 528 BNSS against refusal of relief under Section 311 Cr.P.C. to recall D.W.1 in a Section 138 Negotiable Instruments Act case (C.C.No.734 of 2017, Coimbatore); belated marking of sale receipt dated 07.09.2006 at arguments stage; accused absconding after cross-examination on 24.03.2017; no mention during Section 313 Cr.P.C. questioning; expeditious trial; no interference.

What did the court decide?

In view of the factual findings rendered by the trial Court (case pending over 16 years; accused cross-examined on 24.03.2017 and absconding thereafter; no mention of the sale receipt during Section 313 Cr.P.C. questioning), the High Court is not inclined to interfere with the impugned order. ¶25

C.R.Muthusamy Vs K.Ragavendran — Cheque Dishonour | Madras HC (2025)

¶1

Crl.O.P.No.22943 of 2025

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED : 19.08.2025

¶4

CORAM :

¶5

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR

¶6

Crl.O.P.No.22943 of 2025

¶7

and Crl.M.P.No.15677 of 2025

¶8

C.R.Muthusamy ... Petitioner

¶9

Vs.

¶10

K.Ragavendran ... Respondent

¶11

Prayer : Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita to set aside the order dated 27.05.2025 in M.P.No.7 of 2025 in C.C.No.734 of 2017 on the file of the Judicial Magistrate, Fast Track Court No.1 (1^st Class Judicial Magistrate), Coimbatore.

¶12

O R D E R

¶13

Challenging the order of the learned Judicial Magistrate, Fast Track

¶14

Court No.1 (1^st Class Judicial Magistrate), Coimbatore, dated 27.05.2025, made in M.P.No.7 of 2025 in C.C.No.734 of 2017, dismissing the

¶15

Page 1 of 4

¶16

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

¶17

Crl.O.P.No.22943 of 2025

¶18

application filed by the petitioner under Section 311 Cr.P.C., the present Criminal Original Petition has been filed.

¶19

2.The petitioner is the accused in C.C.No.734 of 2017 for the offence under Section 138 of the Negotiable Instruments Act. The present application has been filed by the accused under Section 311 Cr.P.C. to recall D.W.1 on the ground that they have found out a sale receipt dated 07.09.2006, which is relevant and the same has to be marked before the Court. However, the said application has been dismissed by the trial Court, challenging which, the present Criminal Original Petition has been filed.

¶20

3.It is relevant to note that the present application has been taken out

¶21

at the stage of arguments. The trial Court has held that the case is pending for more than 16 years and the accused (D.W.1) subjected himself to crossexamination as early as on 24.03.2017 and thereafter, the accused was absconding all these years and there is no whisper, whatsoever, about the sale receipt which is now sought to be marked as evidence, even during the questioning under Section 313 Cr.P.C. Therefore, the trial Court has rejected the contention of the accused that the sale receipt was found when

¶22

Page 2 of 4

¶23

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

¶24

Crl.O.P.No.22943 of 2025

¶25

the accused white-washed his house during the Christmas Festival. Therefore, in the interests of justice and to expedite the disposal of the main case, the trial Court has dismissed the application. In view of the factual findings rendered by the trial Court, this Court is not inclined to interfere with the impugned order.

¶26

4.Therefore, I do not find any merit in this petition. Accordingly, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed.

¶27

19.08.2025

¶28

mkn Internet : Yes Index : Yes / No Speaking order : Yes / No Neutral Citation : Yes / No To The Judicial Magistrate, Fast Track Court No.1 (1^st Class Judicial Magistrate), Coimbatore.

¶29

Page 3 of 4

¶30

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

¶31

Crl.O.P.No.22943 of 2025

¶32

N. SATHISH KUMAR, J.

¶33

mkn

¶34

Crl.O.P.No.22943 of 2025