IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. Nirmal Kumar, J
Shanmuga Depot A Proprietorship Firm, Rep.by its Proprietor, R.Natarajan – Appellant
Versus
M/s.Madurai Meenakshi Enterprises Rep.by its Power of Attorney, D.Satheesh – Respondent
| Table of Content |
|---|
| 1. procedural readiness for cross-examination recognized. (Para 1 , 2) |
| 2. parties' arguments regarding cross-examination scheduling. (Para 3 , 4 , 5) |
| 3. court acknowledges readiness for upcoming trial proceedings. (Para 6) |
| 4. the petition was disposed with recognition of trial readiness. (Para 8) |
ORDER
The petitioners/accused facing trial for the offence under Section 138 of the Negotiable Instruments Act in STC No. 13536 of 2025 on the file of the XXXV Metropolitan Magistrate Court (Fast Track Court No.II), Egmore at Allikulam, Chennai have filed the present quash petition challenging the dismissal of their petition under Section 311 Cr.P.C. in Crl.M.P. No. 1190 of
2025 by order dated 22.01.2026.
2. The contention of the petitioners is that dismissing the petition under Section 311 Cr.P.C./348 BNSS by the impugned order is not proper. The petitioners ought to have been allowed to recall P.W.1 for cross- examination, since the petitioners, though had cross-examined the respondent on 15.12.2025, the same could not be completed and thereafter, the case was posted on 16.12.2025 on which date, the learned counsel for the petitioners, as he was engaged in High Court, could no
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