Gowrishankar v. Subbusamy

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.05.2023 CORAM: THE HONOURABLE MR.JUSTICE T.V.THAMILSELVI Crl.O.P.(MD)Nos.9242 and 9247 of 2023 and Crl.M.P(MD).Nos.7559 and 7562 of 2023 Gowrishankar ... Petitioner in both Crl.O.Ps Vs. Subbusamy ... Respondents in both Crl.O.Ps PRAYER in Crl.O.P(MD).No.9242 of 2023: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records and set aside the order dated 17.03.2023 in Crl.M.P.No.230 of 2023 in C.C.No.45 of 2020 on the file of the learned Judicial Magistrate, Aruppukottai and consequently allow the same. PRAYER in Crl.O.P(MD).No.9247 of 2023: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records and set aside the order dated 17.03.2023 in Crl.M.P.No.231 of 2023 in C.C.No.45 of 2020 on the file of the learned Judicial Magistrate, Aruppukottai and direct the trial Court to recall and re-examine the witness mentioned in the Crl.M.P.No.231 of 2023.

For Petitioner : Mr.S.Pooranachandran (In both Crl.O.Ps)

COMMON O

RDER

These Criminal Original Petitions have been filed to call for the records and set aside the order dated 17.03.2023 in Crl.M.P.Nos.230 and 231 of 2023 in C.C.No.45 of 2020 on the file of the learned Judicial Magistrate, Aruppukottai and direct the trial Court to recall and re-examine the witness mentioned in the above said Crl.M.P.Nos.

¶2The learned counsel appearing for the petitioner submitted that he has filed two petitions in Crl.M.P.Nos.230 and 231 of 2023 in C.C.No.45 of 2020 on the file of the learned Judicial Magistrate, Aruppukottai to recall and re-examine the witness P.W1, with regard to the statement of accounts, but the trial Court has dismissed the same stating that sufficient opportunity was already given. He further submitted that if the petitioner is not permitted to cross examine the witnesses to defend the case, the same will be defeated.

¶3Considering the submission, in order to give sufficient opportunity to the petitioner to cross examine PW.1, these Criminal Original Petitions are allowed and the order, dated 17.03.2023 in Crl.M.P.Nos.230 and 231 of 2023 in C.C.No.45 of 2020 on the file of the learned Judicial Magistrate, Aruppukottai are set aside and the petitioner is directed to cross examine PW.1 within a period of four weeks from the date of receipt of a cop of this order. Consequently, the connected Miscellaneous Petitions are closed.

18.05.2023 Index : Yes/No Internet : Yes/No trp To The learned Judicial Magistrate, Aruppukottai Crl.O.P.(MD)No.4127oofo2023 T.V.THAMILSELVI,oJ.o otrp Crl.O.P.(MD)Nos.9242oando9247oofo2023 and Crl.M.P(MD).Nos.7559oando7562oofo2023

18.05.2023