Madras High Court
CRL RC/1037/2026 of Shiva Shankar Vs D.Ramesh on 23 September 2026
CRL RC No.1037 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23-09-2026
CORAM
THE HON'BLE MR.JUSTICE SUNDER MOHAN
CRL RC No.1037 of 2026
and
Crl.M.P.No.8398 of 2026
CNR: {HCMA011087362026}
1. Shiva Shankar
S/o.Kaliya Perumal,
No.107, 3rd Cross Street,
Ganapathy Nagar,
Urapakkam,
Chennai - 603 210.
2. Shiva Shankar
S/o. Kaliya Perumal,
Proprietor of Creative Foundation,
No.15, Alamelu Amman Street,
Urapakkam,
Chennai - 603 210.
...Petitioner(s)/
Petitioner(s)
Vs
D.Ramesh
S/o.S.Dakshinamoorthy,
No.87B, Bajanai Koil Street,
Mahanyam Village,
Malaipattu Post,
Sriperumbudur Taluk,
Kanchipuram District.
...Respondent/
Respondent
CRL RC No.1037 of 2026
Prayer : Criminal Revision Petition filed under Section 397 and 401 of BNSS praying to call for the records relating to the order passed in Crl.M.P.No.2193 of 2025 dated 06.04.2026 on the file of the Learned Judicial Magistrate, Sriperumbudur and set aside the same.
For Petitioner(s):
Mr.G.Meganathan
For Respondent(s):
Mr.S.Prabhu
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ORDER
The Criminal Revision Petition challenges the dismissal of the petitioner(s)’ application in Crl.M.P.No.2193 of 2025 by the order dated 06.04.2026 on the file of the learned Judicial Magistrate, Sriperumbudur seeking recall of P.W.1 for the purpose of cross-examination.
2. By the impugned order, the learned Magistrate has detailed the opportunities afforded to the petitioner(s) to cross-examine P.W.1 and had observed that in spite of several opportunities, the petitioner(s) had not cross-examined P.W.1.
3. The learned counsel for the petitioner(s) would submit that the petitioner(s) may be afforded one more opportunity to cross-examine the witness and a time limit may be fixed.
CRL RC No.1037 of 2026
4. The learned counsel for the respondent, however, would submit that earlier this petitioner(s) had filed a quash petition and this Court had directed the Trial Court to adhere to the mandate under Section 143(3) of the Negotiable Instruments Act, 1881 for early disposal of the case.
5. It is seen from the impugned order that the case was posted for cross-examination of P.W.1 from 2023. P.W.1 was examined in chief on 21.04.2023. On 12.05.2023, he was present once again, and the petitioner(s) had not cross-examined the witness. Thereafter, P.W.1 was absent only on 26.05.2023 and 23.06.2023. But he was present again on 09.06.2023, 14.07.2023 and 28.07.2023. On 28.07.2023, the cross-examination was closed since the petitioner(s) had not cross-examined P.W.1, in spite of several opportunities. On 11.08.2023, the petitioner(s) once again sought recall of P.W.1, which was allowed on 28.11.2023. Thereafter, from 22.03.2024 to 17.04.2024, on three hearings, P.W.1 was present, and the petitioner(s) had not cross-examined P.W.1. Finally, it was closed on 02.05.2024. Therefore, it is clear that the petitioner(s) is not interested in cross-examining the witness, and the purpose of filing this petition is only to delay the trial. Hence, there is no infirmity in the impugned order. The learned Magistrate may expedite the
CRL RC No.1037 of 2026
trial in terms of 143(3) of the Negotiable Instruments Act, 1881, as observed by this Court in the earlier order.
6. With the above observations, this criminal revision stands dismissed. Consequently, the connected miscellaneous petition is closed. 23-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No dk Copy to: The Judicial Magistrate, Sriperumbudur.
CRL RC No.1037 of 2026
SUNDER MOHAN, J. dk CRL RC No.1037 of 2026 and Crl.M.P.No.8398 of 2026 23-09-2026