MADRAS HIGH COURT
SITHAN – Appellant
Versus
KALIYAPPAN – Respondent
ORDER
This Criminal Original Petition has been filed to set aside the order passed by the Judicial Magistrate-Fast Track Court (ML) Dharmapuri in Crl.M.P.No.3846 of 2022 in S.T.C.No.8 of 2019 on 15.11.2022 and 28.11.2022.
2. The learned counsel for the petitioner submitted that the petitioner had filed a petition in Crl.M.P.No.3846 of 2022 in S.T.C.No.8 of 2019 before the Judicial Magistrate-Fast Track Court (ML) Dharmapuri, seeking reopening of the defence side evidence. The learned Magistrate on 15.11.2022, had allowed the petition by imposing cost of Rs.2,000/- payable to the respondent on or before 25.11.2022 . However, due to illness, the petitioner was unable to pay the amount on time. Therefore, the defence side evidence was closed and posted for arguments. Hence, the present petition has been filed.
4. Heard the learned counsel for the petitioner and perused the entire materials available on record.
5. This Court on going through the impugned order, finds that the case was pending for defence side evidence from 01.12.2021 to 25.05.2022. It appears that the petitioner availed 13 hearings for defence evidence. DW1 was cross examined from 17.08.2022 to 12.10.2022. Though the lear
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