Madras High Court
CRL OP(MD)/23431/2026 of Rengammal Vs Mohammed Nazar on 14 October 2026
CRL OP(MD) No. 23431 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 14-10-2026
CORAM
THE HON'BLE MR JUSTICE R.VIJAYAKUMAR
CRL OP(MD) No. 23431 of 2026
CNR:{HCMD011444102026}
AND
CRL MP(MD) NO. 22140 OF 2026
Rengammal
D/o. Marimuthu,
No. 174,
Sirunanguppatti,
Attangudi Village,
Kavinadu East,
Pudukkottai Taluk,
Pudukkottai District.
..Petitioner(s)
Vs
Mohammed Nazar
S/o. Mohammed Ali,
No.22,
Mohamadiyar Street,
Kaleef Nagar 4th Street,
Pudukkottai District.
..Respondent(s)
PRAYER: This petition filed under Section 528 of BNSS to call for the records and set aside the order passed in Crl.M.P.No. No.895 of 2026 in S.T.C. No. 136 of 2025 by the learned Judicial Magistrate No. 1, Pudukkottai dated 03.09.2026.
For Petitioner(s):
Ms.A.Banumathy
For Respondent(s):
-
CRL OP(MD) No. 23431 of 2026
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ORDER
The present petition has been filed by the sole accused in S.T.C. No. 136 of 2025 on the file of Judicial Magistrate No.I, Pudukkottai, which has been initiated under section 138 read with section 142 of Negotiable Instruments Act.
2. It could be seen from the records that PW1 was chief examined on 20.11.2025 and for cross-examination, it was adjourned to 06.12.2025, 06.01.2026 and 12.02.2026. Since the petitioner has not appeared, NBW was issued. It was recalled at the instance of the petitioner herein. Thereafter, it was adjourned to 28.04.2026, 05.05.2026, 18.05.2026 and 09.06.2026 for cross-examination of PW1. Ultimately, the petitioner has chosen to cross-examine the complainant on 09.06.2026. Thereafter, the present application has been filed on 13.06.2026, again to recall PW1 for the purpose of cross-examination. This application came to be dismissed. Challenging the same, the present petition has been filed.
CRL OP(MD) No. 23431 of 2026
3. According to the learned counsel appearing for the petitioner, on 09.06.2026 some of the important questions have been left out, and therefore PW1 has to be recalled for the purpose of cross examination.
4. Heard the learned counsel appearing for the petitioner and perused the materials available on record.
5. The dates and events narrated above, will clearly indicate that after the complainant was chief examined on 20.11.2025, the petitioner has been taking his own time for cross-examining PW1. Only after NBW was issued and he was brought before the Court, the petitioner has chosen to cross examine P.W.1. In such circumstances, the request of the petitioner to recall P.W.1 cannot be accepted, especially when cross examination has been completed by the petitioner on 09.06.2026.
CRL OP(MD) No. 23431 of 2026
6. In such view of the matter, this Court does not find any reason to interfere with the impugned order passed by the trial Court. There are no merits in the petition. Accordingly, this Criminal Original Petition stands dismissed. Consequently, connected miscellaneous petition is closed. 14-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No PNM To The Judicial Magistrate No.I, Pudukkottai
CRL OP(MD) No. 23431 of 2026 R.VIJAYAKUMAR J. PNM CRL OP(MD) No. 23431 of 2026 AND CRL MP(MD) NO. 22140 OF 2026 14-10-2026