The Trial Court has the discretion to reject a petition to examine defence witnesses under Section 254(2) of Cr.P.C. if it finds that the examination is not necessary for the just decision of the case.

Crl.R.C.No.2027 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.11.2023

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

Crl.

R.C

.No.

2027

of 20

23

and

Crl.M.P.No.1868

7 of 2023

Dr.A.Aldrin ... Petitioner/Accused

Vs.

M.Govindarajulu

... Respondent

PRAYER: Criminal Revision Case has been filed under Sections 397 and 401

of Cr.P.C, praying to set aside the order dated 17.08.2023 in

Crl.M.P.No.25637 of 2023 in C.C.No.7449 of 2019 passed by the

Metropolitan Magistrate, Fast Track Court-I, Egmore at Allikulam, Chennai

and allow the same.

For Petitioner

: Mr.A.D.Janarthanan

O R D E R

This petition has been filed challenging the order passed by the

learned Metropolitan Magistrate, Fast Track Court-I, Egmore at Allikulam,

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Crl.R.C.No.2027 of 2023

Chennai in Crl.M.P.No.25637 of 2023 dated 17.08.2023 in C.C.No.7449 of

2019.

2.The petitioner/accused in a case filed under Section 138 of the

Negotiable Instruments Act by the respondent, filed a petition under Section

254(2) of Cr.P.C. in Crl.M.P.No.25637 of 2023 to examine three persons as

defence witnesses. The Trial Court, by order dated 17.08.2023 dismissed the

same, against which the present revision.

3.The contention of the petitioner is that the petitioner is a

practicing Doctor having a clinic, he did not know the complainant and no

contact with him at any point of time and false complaint has been filed

against him. According to the petitioner, the cheque was given to one Vimala,

who was employed as Bench Clerk in City Civil Court, Chennai. The said

Vimala is none other than the complainant’s wife’s sister. The petitioner

received a sum of Rs.2,00,000/- from the said Vimala for interest and he had

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Crl.R.C.No.2027 of 2023

been regularly paying the interest through one Janakiraman, who introduced

the said Vimala to the petitioner. These entire facts are known to Janakiraman

and hence he has to be examined. Likewise, he needs to examine Vimala,

who gave the loan to the petitioner through Janakiraman. The other witness

he sought to examine is the Branch Manager, UCO Bank Ltd., Kodungaiyur

Branch, Chennai to prove that cheque was issued in the year 2014 to the said

Vimala and the petitioner had given three unfilled cheques and this cheque

has been used in this case. Since the cheques are of the year 2014 and the

case is of the year 2019, the cheques became stale. Though the petitioner

made out a case, the Lower Court dismissed the petition insofar as

examination of Vimala and Branch Manager and allowed the petition insofar

as examination of Janakiraman alone. Hence, the present petition.

4.On perusal of the Lower Court order, which is a detailed one, it is

seen that the case is now posted for arguments on the side of the

petitioner/accused. The evidence was closed on 19.06.2023 and thereafter

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Crl.R.C.No.2027 of 2023

written submissions filed by the respondent on 26.06.2023 and he had also

completed his oral arguments. On 13.06.2023, the above petition came to be

filed before the Lower Court and thereafter the Lower Court referring to the

arguments found that examination of Janakiraman is permitted, who is an

accused in C.C.No.7448 of 2019. This case is also pending before the same

Court and prosecuting by the respondent. As regards Vimala, finding that

there is no justification and reason, dismissed the same. Likewise for Bank

Manager, dismissed the petition, since the cheque is dated 20.05.2019, which

was presented to the Bank and the same was returned on 21.05.2019 and

thereafter legal notice issued on 27.05.2019. Though reply was received on

11.06.2019, as it was not acceptable, the respondent/complainant proceeded

with the complaint. It is seen that the cheque has been dishonoured for the

reason