Madras High Court

CRL OP(MD)/15958/2026 of K.Manoharan Vs P.Soundararajan on 3 November 2026

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CRL OP(MD) No. 15958 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 03-11-2026

CORAM

THE HON'BLE MR. JUSTICE R.VIJAYAKUMAR

CRL OP(MD) No. 15958 of 2026

CNR:{HCMD010999102026}

and

CRL MP(MD) No. 15508 of 2026

K.Manoharan

S/o.Karunchamy,

No.1106 F/4,

Ammaiappa Nagar,

G.R.Nagar North Gandhigramam,

Karur-639 004.

… Petitioner/Petitioner/

Sole Accused

Vs

P.Soundararajan

S/o.Pitchai Pillai,

No.D-33,

Ranimeyyammai Colony,

Puliyur C.F.Post,

Karur-639 114.

..Respondent/Respondent/

Complainant

PRAYER: Criminal Original Petition is filed under Section 528 of BNSS, 2023, to call for the records relating to the impugned order passed in M.P.No.2 of 2026 in S.T.C.No.39 of 2026, dated 14.07.2026, on the file of the District Munsif-Cum-Judicial Magistrate Court, Krishnarayapuram, in so far as the direction that the cross -examination of P.W.1, if present, should be completed on the very same day, and the consequential impugned proceedings recorded in the B-Diary dated 14.07.2026 and 23.07.2026 in S.T.C.No.39 of 2026, whereby the __________

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CRL OP(MD) No. 15958 of 2026

petitioner’s right to cross examine P.W.1 and thereafter the petitioner’s defence evidence were suo-motu closed, and to set aside the same as being illegal, arbitrary violative of the principles of natural justice and contrary to the procedure established by law and pass such further or other orders as this Court may deem fit.

For Petitioner

: Mr.T.Pradeep

For Respondent

: Mr.C.M. Arumugam

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ORDER

The present petition has been filed by the sole accused in STC.No.39 of 2026, on the file of the District Munsif-Cum-Judicial Magistrate Court, Krishnarayapuram, seeking to set aside the order dated 14.07.2026 wherein P.W.1 cross was suo motu closed.

2. The petitioner is an accused in the complaint arising out of under Sections 138 and 142 of Negotiable Instruments Act. The petitioner had not cross examined P.W.1 and therefore, the evidence on the side of the complainant was closed and it is posted for defence side evidence. At that relevant point of time, the petitioner had filed M.P.No.2 of 2026 under Section 311 of Cr.P.C seeking to recall P.W.1 for the purpose of cross examination. This application was allowed on 14.07.2026 with a direction that the petitioner should cross-examine P.W.1 on the same day. __________

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CRL OP(MD) No. 15958 of 2026 Since the petitioner was not ready on the same day, again P.W1 cross was suo motu closed. Aggrieved over the same, the present petition has been filed.

3. According to the learned counsel appearing for the petitioner, the counsel was not available on the said date and they were not expecting the orders to be passed allowing M.P.No.2 of 2026. In such circumstances, the petitioner should not have been compelled to cross- examine the complainant on the same day. If the case had been posted on any other day, they would have cross examined P.W.1.

4. The learned counsel appearing for the respondent submitted that several opportunities have been granted to the petitioner. However, he has not chosen to cross-examine. He further submitted that, he has no objection whatsoever for granting one more opportunity to the petitioner.

5. Heard the learned counsel appearing on either side and perused the materials available on record. __________

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CRL OP(MD) No. 15958 of 2026

6. As could be seen from the reports that the petitioner is not cross examined P.W.1 and he undertakes to cross examine P.W.1 on the date on which he appears. The next date of hearing is 12.11.2026.

7. In such view of the matter, this Court is inclined to pass the following order:

(a) The order impugned in the petition is set aside and the petitioner shall be permitted to recall P.W.1 for the purpose of cross-examination; (b) The petitioner shall cross examine P.W.1 on 12.11.2026, and no further adjournment shall be sought for; and

(c) The order dated 23.07.2026, suo motu closing the defence evidence, is hereby set aside. The petitioner is permitted to adduce defence evidence within a period of four weeks from 12.11.2026.

8. With the above said observations, this Criminal Original Petition is disposed of. Consequently connected Miscellaneous Petition is closed. 03-11-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No EBSI __________

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CRL OP(MD) No. 15958 of 2026 To

1. The District Munsif-Cum-Judicial Magistrate Court, Krishnarayapuram.

2. The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai __________

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CRL OP(MD) No. 15958 of 2026 R.VIJAYAKUMAR J. EBSI CRL OP(MD) No. 15958 of 2026 AND CRL MP(MD) NO. 15508 OF 2026 03-11-2026 __________

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