Authority: High Court of Judicature at Madras

Order Date: 29-10-2026

Case Overview

  • Petitioner: Mahesh Devaraj, Senior Accountant, Chennai.
  • Respondent: M/s Kothari Investment, represented by proprietor G. Anilkumar, Chennai.
  • The petition was filed under Section 528 of the BNSS seeking to set aside the order dated 5-10-2026 passed by the VIII Metropolitan Magistrate/VIII Judicial Magistrate, George Town, Chennai (Crl MP No.1660 of 2026, CC No.698 of 2019).
  • The underlying criminal matter involved a complaint by the respondent under Section 138 of the Negotiable Instruments Act, where PW1 had been examined and cross‑examined during trial.
  • After a lapse of seven years, the petitioner sought to recall PW1 for further cross‑examination during the defence‑side witness stage, which the magistrate had dismissed.
  • The High Court reviewed the magistrate’s order, the materials on record, and the procedural history.

Final Outcome

  • The Court found no infirmity or illegality in the magistrate’s order dated 5‑Oct‑2026.
  • Accordingly, the Criminal Original Petition (CRL OP No.31507 of 2026) is dismissed.
  • The connected miscellaneous petition is also closed.
  • The registry is directed to return any original documents, if any, to the petitioner.

Topics: Legal, Court Proceedings