Crl.O.P.No.27490 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 28.07.2026 CORAM : THE HON’BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Crl.O.P.No.27490 of 2025 M.Shanmugam .. Petitioner Versus R.Shreeja .. Respondent Prayer : Criminal Original Petition filed under Section 528 of BNSS, 2023, to set aside the order passed in Crl.M.P.No.4 of 2025 in S.T.C.No.369 of 2025, dated 09.09.2025 by the learned Judicial Magistrate, Kumarapalayam and consequential to recall the witness D.W.1 in the above case. For Petitioner : Mr.R.Rajesh Vivekananthan For Respondent : Mr.C.Iyyappa Raj ORDER The prayer in this Criminal Original Petition is to set aside the order of the Trial Court, dated 09.09.2025 in Crl.M.P.No.4 of 2025 in S.T.C.No.369 of 2025, whereby, the applications, filed by the petitioner/complainant to reopen the case and recall D.W.1, are rejected. 1/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.27490 of 2025 2. Upon considering the material records of the case, it can be seen that the petitioner/complainant has filed a private complaint, complaining an offence under Section 138 of the N.I.Act. The case of the petitioner/complainant is that the respondent/accused has taken a hand loan and in discharge of her liability, she had issued the cheque and subsequently, it was dishonoured. The case of the respondnet/accused is that the amount borrowed was already repaid and this cheque, which was given as security, is now misused by the petitioner/complainant. In that background of the matter, when D.W.1 was examined only to say that she wrongly took the cheque from the locker of the accused and gave away to the complainant, there is no necessity for cross-examination with reference to the further reason that is now mentioned by the petitioner/complainant as the cross-examination was already done. As far as D.W.1 is concerned, the complainant can argue the case with the available materials. 3. With the above observations, the Criminal Original Petition stands disposed of. 28.07.2026 Neutral Citation : no grs 2/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.27490 of 2025 To The Judicial Magistrate, Kumarapalayam. 3/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.27490 of 2025 D.BHARATHA CHAKRAVARTHY, J. grs Crl.O.P.No.27490 of 2025 28.07.2026 4/4 https://www.mhc.tn.gov.in/judis