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2026 Supreme(Online)(Mad) 2805

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice A.D.JAGADISH CHANDIRA
E.HELEN EMMIMAL – Appellant
Versus
J.LEELAVATHY – Respondent


IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21.01.2026 CORAM:

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA and Crl.M.P.No.20065 of 2025 E.Helen Emmimal ... Petitioner Vs.

Leelavathy ... Respondent PRAYER: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, to call for the records and set aside the order in Crl.M.P.No.13260 of 2025 in C.C.No.658 of 2021 dated 08.09.2025 on the file of the Metropolitan Magistrate, Fast Track Court – I, Egmore @ Allikulam, Chennai – 03.

For Petitioner : Mr.P.Thinesh For Respondent : Mr.D.Panchatsaram

O R D E R

This petition has been filed seeking to set aside the order dated

08.09.2020 passed in Crl.M.P.No.13260 of 2025 dismissing the petition filed under Section 311 of Cr.P.C. to reopen and recall the defence witness (P.W.1) for the purpose of cross-examination.

2. The petitioner is facing trial for the offence under Section 138 of the Negotiable Instruments Act, 1881. The petitioner had filed an application before the learned Metropolitan Magistrate Fast Track-I, Allikulam, Chennai seeking to recall P.W.1. However, the learned Magistrate dismissed the said application vide order dated 08.09.2025, stating that

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