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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.VIJAYAKUMAR, J
Yovan – Appellant
Versus
Rajasekar – Respondent
| Table of Content |
|---|
| 1. background of trial conviction and rejected appellate recall application. (Para 1 , 2 , 3) |
| 2. no recall permitted for trial cross-examination omission without justification. (Para 4 , 5) |
| 3. petition dismissed for lack of merits. (Para 6) |
ORDER
The present petition has been filed by an Appellant in C.A.No.24 of 2025 on the file of the Additional District and Sessions Court, Arupukkottai, challenging the order passed on 12.02.2026 in Crl.M.P.No.33 of 2025 wherein the application filed by the petitioner under Section 311 of Cr.P.C. has been rejected.
2. The petitioner herein is an accused in C.C.No.111 of 2022 on the file of the learned Judicial Magistrate, Aruppukottai, wherein it was filed under Section 138 of the Negotiable Instruments Act. The petitioner has not chosen to cross examine the defacto complainant and the petitioner was ultimately convicted. Challenging the same, the petitioner has preferred C.A.No.24 of
2025.
3. Pending appeal, the petitioner has filed the Miscellaneous Petition under Section 311 of Cr.P.C. seeking the permission of the Court to recall P.W.1, for the purpose of cross examination. The said application has been dismissed by the appellate Co
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