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2024 Supreme(Online)(MAD) 25854

HIGH COURT OF MADRAS
Honourable Dr Justice G. JAYACHANDRAN
D.N.C CHITS PVT LTD – Appellant
Versus
PRAGADISH – Respondent


O R D E R

This Criminal Original Petition is filed challenging the order passed by the trial Court allowing application under Section 311 Cr.P.C., to recall PW.1 to cross examine him.

2. The petitioner, who is the complainant, being aggrieved by the order passed by the trial Court has filed this petition to set aside the said order.

3. The learned counsel appearing for the petitioner submits that the cheque bounce case taken on file as S.T.C.No. 907 of 2021 reached finality and posted for arguments by the trial Court. At that stage the respondent under the pretext of settling the matter delayed the process and therefore, filed an application under Section 311 Cr.P.C., to recall PW.1 without any sufficient cause to reopen and recall. The trial Court allowed the application despite recording that the accused is dragging the case, but opportunity been given to establish his defence.

Hence the present Criminal Original Petition.

4. Notice to the respondent returned as no such person. Hence the learned counsel who appeared before the trial Court has received and acknowledged. However, there is no representation for the respondent. The impugned order which is challenged before this Court read

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