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Crl.OP(MD)No.22134 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 05.02.2026

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

Crl.O.P.(MD).No.22134 of 2025

and Crl.M.P(MD).No.19051 of 2025

C.Ponraj ...Petitioner

Vs.

S.Karuppasamy ... Respondent

Prayer : Criminal Original Petition is filed under Section 528 of BNSS,

2023, to call for the records relating to the impugned order dated

15.10.2025 in Crl.M.P.No.1321 of 2025(CNR No.TN VR

005498-2025) in S.T.C.No.55 of 2024 on the file of the learned Judicial

Magistrate, Fast Track Court, Srivilliputhur and direct the learned

Judicial Magistrate, Fast Track Court, Srivilliputhur, to recall P.W.1 to

P.W.3 for cross-examination in S.T.C.No.55 of 2024 on the file of the

learned Judicial Magistrate, Fast Track Court, Srivilliputhur, by

allowing this criminal original petition.

For Petitioners : Mr.M.E.Ilango

For Respondent : Mr.S.Surya

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Crl.OP(MD)No.22134 of 2025

ORDER

Seeking to set aside the orders passed by the learned Judicial

Magistrate, Fast Track Court, Srivilliputhur, in Crl.M.P.No.1321 of

2025(CNR No.TN VR 005498-2025) in S.T.C.No.55 of 2024 dated

15.10.2025, this criminal original petition is filed.

2.The learned counsel for the petitioner submitted that the

petitioner herein is the accused before the trial Court in a complaint

lodged by the respondent under Section 138 of the Negotiable

Instruments Act. The petitioner had filed a petition under Section 311

of Cr.P.C., before the trial Court in Crl.M.No.1321 of 2025 in

S.T.C.No.55 of 2024 to recall P.W.1 to P.W.3 for cross-examination.

However, the case was dismissed by the trial Court vide order dated

15.10.2025. Hence, this petition.

3.The learned counsel for the respondent categorically contended

that on each and every hearing, it is the tactics of the petitioner to

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Crl.OP(MD)No.22134 of 2025

change his advocate and seek for recall and re-examination of the

witnesses. This is not the first time, the petitioner is seeking for recall

of examination of the witnesses and only to protract the pending trial,

this application has been filed and there is no infirmity in the order

passed by the learned trial Court and hence, sought for dismissal of this

petition.

4.Heard the submissions on either side and carefully perused the

materials available on record.

5.As pointed out by the learned counsel for the respondent, only

for the reason that there is a change in counsel, the petitioner has filed

an application under Section 311 of Cr.P.C., seeking recall P.W.1 to

P.W.3 for cross-examination. However, the learned trial Court, having

gone through the records negated his claim, recorded that change of

counsel could not be a ground for allowing the recall petition. It is also

categorically observed that the petitioner and his wife are the retired

Government Servants and they are drawing regular Government

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Crl.OP(MD)No.22134 of 2025

retirement benefits. Despite the same, they are not diligently conducting

the case and are filing application after application to protract the

proceedings. It is the contention of the learned counsel for the petitioner

that it is only because of the inexperience of the free Legal Aid

Counsel, who had failed to affix the stamps, Advocate Welfare Fund

Stamp and Clerk Welfare Stamp, properly and also the negligence in

fixation of the Court fee, which have been observed by the trial Court in

the impugned order. However, now they have engaged another counsel,

who will diligently conduct the cross-examination of P.W.1 to P.W.3

and sought for one more chance. Under such circumstances, to ensure

fair trial, the impugned order made in Crl.M.P.No.1321 of 2025(CNR

No.TN VR 005498-2025) in S.T.C.No.55 of 2024 on the file of the

learned Judicial Magistrate, Fast Track Court, Srivilliputhur, is hereby

set aside. The