Madras High Court

CRL OP(MD)/22236/2026 of P.Thirumurugan Vs R.Kathirvel on 12 October 2026

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CRL OP(MD) No. 22236 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 12-10-2026

CORAM

THE HON'BLE MR JUSTICE R.VIJAYAKUMAR

CRL OP(MD) No. 22236 of 2026

CNR:{HCMD011386062026}

P.Thirumurugan

S/o.N.Ponnusamy,

73, Kurinji Nagar,

Oddanchatram Taluk,

Dindigul District.

..Petitioner(s)

Vs

R.Kathirvel

S/o.M.Rajalingam,

Plot No.23, 2nd Cross Street,

N.S.Nagar,

Dindigul Town and District.

..Respondent(s)

PRAYER: This petition filed under Section 528 of BNS to direct the Additional District Court, Dindigul to number the unnumbered Criminal Miscellaneous Petition of 2026 filed by the Petitioner/Appellant dated 17.08.2026 on the Crl A.No.95 of 2025 proceed the same and consequently give the permission to deposit the amount to the respondent for cross examined on the side of petitioner/appellant.

For Petitioner(s):

M/s MAHESHRAJA K.

For Respondent(s):

M VENKATESAN

FOR SOLE RESPT

__________

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CRL OP(MD) No. 22236 of 2026

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ORDER

The present petition has been filed by the appellant in Crl.A.No.95 of 2026 on the file of Additional District Court, Dindigul, seeking to number the unnumbered Criminal Miscellaneous Petition filed by the Petitioner/Appellant, seeking to recall PW1 for the purpose of cross examination.

2. It could be seen from the records, the petitioner is the respondent in CC No.388 of 2022 on the file of Judicial Magistrate No.I, Dindigul, which arose out of a complaint filed under Section 138 r/w 142 of NI Act.

3. Pending trial proceedings, the petitioner had filed Crl.M.P.SR No.3240 of 2025 seeking to recall PW1 for the purpose of cross examination. It was kept unnumbered stage. Therefore, the petitioner had filed Crl.OP(MD) No.11705 of 2025 seeking a direction to set aside the returned docket order, dated 04.07.2025 and to number the said application. __________

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CRL OP(MD) No. 22236 of 2026

4. This Court by order, dated 10.07.2025 had directed the petitioner to pay a cost of Rs.1,00,000/- to the complainant along with the application under section 311 of Cr.P.C. However, the petitioner has not chosen to pay the cost and the criminal case came to be disposed of on 02.08.2025, resulting in the conviction of the petitioner.

5. The petitioner herein had filed Crl.A.No.95 of 2025. Pending the appeal, the petitioner filed an application under Section 528 of BNSS (quoting a wrong provision of law) seeking permission to deposit the amount to the defendant to recall PW1 for the purpose of cross examination. The said application is kept pending in the unnumbered stage and therefore, the present application.

6. According to the learned counsel appearing for the petitioner, he is ready to pay the cost of Rs.1 lakh to the complainant and on such payment, his application may be entertained and he may be permitted to recall PW1 for the purpose of cross examination.

7. The learned counsel appearing for the respondent/ Complainant on instructions submit that unless the petitioner pays the __________

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CRL OP(MD) No. 22236 of 2026 cost of Rs.1 lakh, the application for recalling PW1 shall not be entertained.

8. Heard the learned counsels on either side and perused the materials available on record.

9. In view of the orders passed by this Court in Crl.O.P(MD) No.11705 of 2025, dated 10.07.2025, this Court is inclined to pass the following order: ►The petitioner shall pay cost of Rs.1,00,000/- to the respondent/complainant within a period of one week from the date of receipt of copy of this order. ►After such payment of cost along with the receipt, the petitioner shall be entitled to file a fresh application under Section 432 of BNSS seeking to recall PW1. The same shall be decided on its own merits and in accordance with law. ►The appeal shall be disposed of within a period of three months from the date of receipt of copy of this order. __________

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CRL OP(MD) No. 22236 of 2026

10. With the aforesaid observations, this Criminal Original Petition stands disposed of. 12-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No PNM To The Additional District Judge, Dindigul __________

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CRL OP(MD) No. 22236 of 2026 R.VIJAYAKUMAR, J. PNM CRL OP(MD) No. 22236 of 2026 12-10-2026 __________

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