Madras High Court

CRL OP/15197/2026 of Dilip Harikrishan Chaabria Vs Indermal Ramani on 27 October 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-10-2026

CORAM

THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN

CRL OP Nos.15197 & 15173 of 2026

CNR:{HCMA011224242026}

AND CRL MP NOs.9836 & 9860 OF 2026

CRL OP No.15197 of 2026

Dilip Harikrishan Chaabria

S/o. Harikishan Chaabria,

No.21, 2nd Floor, Sanjay Plaza,

A.B. Nair Road, Juhu,

Andheri, Mumbai-400 049.

..Petitioner(s)

Vs

Indermal Ramani

S/o. Mr. M.L. Ramani,

No.3C, Prince Paradise 75, Jermiah Road, Vepery, Chennai-600 007.

..Respondent(s)

1. M/s.DC Motor Works Private Limited

Rep by its Director Mr.Dilip Harikrishan Chaabria, Kantuo Indl. Estate, Road No.5, Kondvitta Village Road, Andheri Kurla Road, Andheri East, Mumbai.

2. Dilip Harikrishan Chaabria

S/o Harikrishan Chaabria,

No.21, 2nd Floor,

Sanjay Plaza, A.B.Nair Road,

Juhu, Andheri,

Mumbai.

..Petitioner(s)

Vs

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Indermal Ramani

S/o M.L.Ramani,

No.3C, Prince Paradise 75,

Jermiah Road,

Vepery,

Chennai.

..Respondent(s)

COMMON PRAYER: Criminal Original Petitions are filed under Section 528

of BNSS, praying to call for the records and set aside the order dated 08-05-2026 passed in Crl.MP.Nos.3572 & 3749 of 2026 in STC Nos.9565 &

9664 of 2024 respectively on the file of the XXV Metropolitan Magistrate at Egmore, Chennai.

For Petitioner(s):

Mr.Balaji Sankara Moorthy

For Respondent(s):

Mr.N.Murali Kumaran, Senior Counsel for

M/s.Mcgan Law Firm

COMMON ORDER

These Criminal Original Petitions have been filed seeking to set aside the orders dated 08.05.2026 passed in Crl. M.P. Nos. 3572 and 3749 of 2026 in S.T.C. Nos. 9565 and 9664 of 2024, respectively, on the file of the learned XXV Metropolitan Magistrate, Egmore, Chennai.

2. The case of the complainant is that the petitioner borrowed money from the respondent and failed to repay the same. Hence, the respondent lodged private complaints against the petitioner for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. During the course of the trial, the respondent in Crl.O.P.No.15173 of 2026 examined himself as PW1

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and marked Ex.P1 to P7. The respondent in Crl.O.P.No.15197 of 2026 examined himself as PW1 and marked Ex.P1 to Ex.P11. Thereafter, in both cases the petitioner/accused examined himself as DW1 and the sister of the petitioner/accused examined as DW2. In both cases, the petitioner subsequently sought to recall PW1 for further cross-examination to rebut certain documents marked through PW1.

3. Heard the learned counsel appearing on either side and perused the materials on record.

4. Upon perusal of the records, it is seen that the documents in question are public documents, such as a charge sheet and sale deed etc. Further, the petitions seeking to recall PW1 appear to be an attempt to fill up lacunae in the petitioner's defence and protract the proceedings. Therefore, the trial Court rightly dismissed the petitions seeking recall of PW1.

5. In view of the foregoing, this Court finds no illegality or infirmity in the orders dated 08.05.2026 passed in Crl. M.P. Nos. 3572 and 3749 of 2026 in S.T.C. Nos. 9565 and 9664 of 2024, respectively, by the learned XXV Metropolitan Magistrate, Egmore, Chennai.

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6. Accordingly, these Criminal Original Petitions are dismissed. Consequently, the connected miscellaneous petitions are closed. 27-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No AH To The XXV Metropolitan Magistrate, Egmore, Chennai.

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G.K.ILANTHIRAIYAN J. AH CRL OP Nos.15197 & 15173 of 2026 AND CRL MP NOs.9836 & 9860 OF 2026

27-10-2026

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