Madras High Court
CRL OP/16907/2026 of Geetha Vs Premkumar on 27 October 2026
CRL OP No. 16907 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27-10-2026
CORAM
THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN
CRL OP No. 16907 of 2026
CNR:{HCMA011450872026}
AND
CRL MP NO. 11218 OF 2026
Geetha
W/o. Mohan Sarangapani,
No.121, Seethapathi Street,
Madhavaram,
Thiruvallur.
..Petitioner(s)
Vs
Premkumar,
S/o. Magesh,
No.193, Slatterpuram,
Mylapore,
Chennai.
..Respondent(s)
PRAYER: Criminal Original Petition is filed under Section 528 of BNSS, praying to set aside the order in M.P.No.02 of 2026 in STC.No.332 of 2025
dated 22.06.2026 passed by the XXXVIII Metropolitan Magistrate, Fast Track Court-V Saidapet and direct the trial Court to recall the PW1 for further cross examination and pass such further orders.
For Petitioner(s):
Mr.S.Shankar
For Respondent(s):
Notice served – No appearance
CRL OP No. 16907 of 2026
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Order
This Criminal Original Petition has been filed to set aside the order in M.P.No.02 of 2026 in S.T.C.No.332 of 2025 dated 22.06.2026, passed by the XXXVIII Metropolitan Magistrate, Fast Track Court - V, Saidapet and to direct the trial Court to recall PW1 for further cross examination.
2. The petitioner is the accused in a private complaint instituted by the respondent for an offence punishable under Section 138 of Negotiable Instruments Act. The respondent examined himself as PW1 and was cross- examined by the accused. Thereafter, upon the completion of arguments on behalf of the complainant, the trial Court closed the evidence and posted the matter for arguments.
3. On a perusal of the records, it is seen that PW1 had been fully cross- examined during the previous hearing. When the matter was posted for arguments, the petitioner filed a petition under Section 311 of the Code of Criminal Procedure seeking to recall PW1 for further cross-examination. The trial Court dismissed the petition by assigning cogent reasons. Hence, this Court finds no illegality or infirmity in the order passed by the trial Court.
CRL OP No. 16907 of 2026
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4. Accordingly, this Criminal Original Petition is dismissed. The Trial Court is directed to dispose of S.T.C.No.332 of 2025 within a period of eight weeks from the date of receipt of a copy of this order, if not already been disposed of. Consequently, the connected Miscellaneous Petition is closed. 27-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No AH To The XXXVIII Metropolitan Magistrate, Fast Track Court-V, Saidapet, Chennai.
CRL OP No. 16907 of 2026
G.K.ILANTHIRAIYAN J. AH CRL OP No. 16907 of 2026 AND CRL MP NO. 11218 OF 2026 27-10-2026
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