Crl.O.P.No.2003 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25.02.2025 CORAM: THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.2003 of 2025 P.Ramarmanivannan ... Petitioner Vs. C.Rajasekaran ... Respondent Prayer: Criminal Original petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to setting aside the order dated 24.05.2024 in Crl.M.P.No.1393 of 2024 in S.T.C.No.374 of 2023 by the learned Judicial Magistrate No.II, Udumalpet, Tirupur District (FTC) consequently recalling the prosecution witnesses No. P.W.3 for further cross-examination. For Petitioner : Mr.P.Kalimuthu For Respondent : Mr.N.Umapathi ORDER This Criminal Original Petition has been filed challenging the order dated 24.05.2024, passed by the learned Judicial Magistrate No.II, Udumalpet, Tirupur District, in Crl.M.P.No.1393 of 2024 in S.T.C.No.374 of 2023, thereby dismissing the application filed to recall P.W.1 for cross-examination, under Section 311 of Cr.P.C. https://www.mhc.tn.gov.in/judis Crl.O.P.No.2003 of 2025 2. The petitioner is an accused in the complaint lodged by the respondent for the offence punishable under Section 138 of Negotiable Instruments Act, on the file of the learned Judicial Magistrate No.II, Udumalpet, Tirupur District. On the date of examination of P.W.1, the petitioner failed to cross-examine P.W.1. Even though P.W.1 was present for cross-examination on 03.03.2021, the petitioner did not cross-examine P.W.1 due to his illness. Therefore, the petitioner filed application to recall P.W.1. Since the same was dismissed by the trial Court, the petitioner filed the present petition. 3. Heard the learned counsel appearing on either side and perused the materials placed before this Court. 4. Admittedly, the petitioner so far did not cross-examine P.W.1. Considering the facts and circumstances of the case, this Court feels that the petitioner may be given one more opportunity to put fourth his defence. Accordingly, the order dated order dated 24.05.2024, passed by the learned Judicial Magistrate No.II, Udumalpet, Tirupur District, in Crl.M.P.No.1393 of 2024 in S.T.C.No.374 of 2023, is hereby set aside, on condition that the petitioner shall pay a sum of Rs.2,000/- (Rupees two https://www.mhc.tn.gov.in/judis Crl.O.P.No.2003 of 2025 thousand only) as cost, directly to the respondent and on such payment, the petitioner is permitted to cross examine P.W.1 on the date fixed by the trial Court. If the petitioner failed to cross-examine P.W.1 on that date, the trial Court is directed to proceed with trial in accordance with law and dispose the same within a period of three months from the date of receipt of a copy of this order. 5. Accordingly, the Criminal Original Petition stands allowed. 25.02.2025 Index : Yes/No Neutral citation : Yes/No Speaking/non-speaking order rts To 1. The Judicial Magistrate No.II, Udumalpet, Tirupur District. https://www.mhc.tn.gov.in/judis Crl.O.P.No.2003 of 2025 G.K.ILANTHIRAIYAN, J. rts Crl.O.P.No.2003 of 2025 25.02.2025 https://www.mhc.tn.gov.in/judis