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2021 Supreme(Online)(MAD) 17623

HIGH COURT OF MADRAS
Hon`ble Mr Justice M. NIRMAL KUMAR
MAYILSAMY – Appellant
Versus
STATE REP BY – Respondent


ORDER

This petition has been filed to call for the records relating to the order dated 11.03.2021 made in Crl.M.P.No.665 of 2021 in C.C.No.18 of 2013 on the file of the Special Judge, Special Court under TNPID Act, Coimbatore and set aside the same.

2. The petitioner/A2 in C.C.No.18 of 2013, who is facing trial before the trial Court for the offence under Sections120(B), 406 and 420 of IPC and Section 5 of TNPID Act, 1997, has filed this quash petition.

3. The learned counsel for the petitioner has submitted that a case has been registered against the petitioner and others for cheating 304 depositors. However, the depositors in their evidence had admitted that they received money and gold coins from the accused till the previous month of FIR, but those facts were suppressed by the Police. Since he was not having sufficient money to deposit the witness batta to all the prosecution witnesses, he recalled only PW1 to PW50 and cross examined them. By way of cross examination he has to establish the said material facts. He is having valid a defence. Unless this Court was pleased to recall PW51 to PW150, the petitioner would be put into irreparable loss and hardship. Further they also rece

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