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2016 DIGILAW 1056 (MAD)

R. Alagarasan v. P. Padma

2016-03-11

P.N.PRAKASH

body2016
ORDER : 1. This petition has been filed to set aside the order passed by the Fast Track Court No. II (J.M. Level), Madurai in Cr.M.P.No.3900 of 2015 dated 06.01.2016. 2. Heard the learned counsel for the petitioner. 3. For the sake of convenience, the parties would be referred to as the complainant and the accused. 4. It is the case of the complainant that the accused had borrowed a sum of Rs.50,000/- as hand loan in discharge of which, the accused had given a cheque for Rs.50,000/- which, on presentation, got dishonored. The complainant issued a statutory notice and on the failure of the accused to repay the amount, the complainant lodged a prosecution in STC No.798 of 2013 under Section 138 of Negotiable Instruments Act against the accused. The complainant filed the proof affidavit dated 25.06.2014 and the accused did not choose to cross examine the complainant. Thereafter, the accused filed an application under Section 311 Cr.P.C. to recall the complainant for cross examination, which was allowed by the Trial Court on condition that the accused should pay a cost of Rs.250/- to the complainant on or before 05.01.2016, failing which, the petition will stand automatically dismissed. 5. It appears that the counsel for the accused tendered the payment to the learned counsel for the complainant on 06.01.2016, which was refused by the learned counsel for the complainant, on account of which, the petition stood dismissed. The accused only seeks an opportunity to cross examine the complainant, as the failure to cross examine will cause serious prejudice to the accused. If this Court orders notice to the complainant, it will only further prolong the agony of the complainant. After all, cross examination is an essential feature for fair trial. In the facts and circumstances of the case, it will serve the interest of justice, if an opportunity is given to the accused to cross examine P.W.1. 6. In the result, this Court directs the Trial Court to recall P.W.1 on any date preferably within two weeks from the date of receipt of a copy of this order and on the date fixed, the accused shall pay a sum of Rs. 1,000/- as cost to the complainant and cross examine the complainant on the very same date without subjecting the complainant to any harassment. This Criminal Original Petition is ordered on the above terms.