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P. Kandasamy & Others v/s Manikandan Finance Represented by Its Managing Partner A. Chellapathi & Others


Company & Directors' Information:- L & T FINANCE LIMITED [Amalgamated] CIN = U65990MH1994PLC083147

Company & Directors' Information:- S P FINANCE PRIVATE LIMITED [Active] CIN = U65990MH1979PTC021790

Company & Directors' Information:- V L S FINANCE LIMITED [Active] CIN = L65910DL1986PLC023129

Company & Directors' Information:- L R N FINANCE LIMITED [Active] CIN = U65921TN1992PLC089288

Company & Directors' Information:- S M FINANCE LTD [Active] CIN = L65999TG1984PLC004526

Company & Directors' Information:- J R D FINANCE LTD [Active] CIN = L65999WB1993PLC058107

Company & Directors' Information:- B R D FINANCE LIMITED [Active] CIN = U65910KL1995PLC009430

Company & Directors' Information:- T C I FINANCE LIMITED [Active] CIN = U65920MH1973PLC017042

Company & Directors' Information:- A. V. B. FINANCE PRIVATE LIMITED. [Active] CIN = U65993DL1992PTC049818

Company & Directors' Information:- S M L FINANCE LIMITED [Active] CIN = U65910KL1996PLC010648

Company & Directors' Information:- S B FINANCE PVT LTD [Strike Off] CIN = U65921TG1988PTC008268

Company & Directors' Information:- INDIA FINANCE LTD. [Active] CIN = L65110WB1984PLC050214

Company & Directors' Information:- J J FINANCE CORPORATION LTD [Active] CIN = L65921WB1982PLC035092

Company & Directors' Information:- G V S FINANCE PVT LTD [Strike Off] CIN = U65921TG1988PTC008269

Company & Directors' Information:- G T P FINANCE LIMITED [Active] CIN = U65921TZ1991PLC003149

Company & Directors' Information:- S R K FINANCE PRIVATE LIMITED [Active] CIN = U65910UP1994PTC016038

Company & Directors' Information:- R N FINANCE LIMITED [Active] CIN = U74899DL1988PLC034289

Company & Directors' Information:- J R D FINANCE LTD [Active] CIN = U65999WB1993PLC058107

Company & Directors' Information:- C K G FINANCE PRIVATE LIMITED [Active] CIN = U65910KL1996PTC010147

Company & Directors' Information:- L N FINANCE LTD [Active] CIN = U65923WB1991PLC052876

Company & Directors' Information:- R K FINANCE LTD [Active] CIN = L65921WB1983PLC035896

Company & Directors' Information:- PARTNER FINANCE PRIVATE LIMITED [Active] CIN = U67100MH2016PTC283782

Company & Directors' Information:- V P C L FINANCE LIMITED [Active] CIN = U65920TG1996PLC023172

Company & Directors' Information:- J S M FINANCE PVT LTD [Active] CIN = U74140MP1995PTC009542

Company & Directors' Information:- I & D FINANCE PRIVATE LIMITED [Strike Off] CIN = U65191TN1991PTC021369

Company & Directors' Information:- L N FINANCE PVT LTD [Active] CIN = U65929AS1992PTC003766

Company & Directors' Information:- N B A FINANCE LIMITED [Strike Off] CIN = U74899DL1993PLC052393

Company & Directors' Information:- T P D FINANCE LIMITED [Strike Off] CIN = U67120RJ1994PLC008051

Company & Directors' Information:- R G L FINANCE COMPANY PRIVATE LIMITED [Active] CIN = U74899DL1983PTC015809

Company & Directors' Information:- S K B FINANCE LIMITED [Amalgamated] CIN = U65999WB1996PLC082317

Company & Directors' Information:- J V FINANCE PRIVATE LIMITED [Strike Off] CIN = U74899DL1985PTC067873

Company & Directors' Information:- L C J FINANCE PVT. LTD. [Active] CIN = U65921WB1995PTC068809

Company & Directors' Information:- H L T FINANCE PRIVATE LIMITED [Strike Off] CIN = U65921DL1996PTC078128

Company & Directors' Information:- R N C P FINANCE LTD. [Dissolved] CIN = U67120WB1995PLC072339

Company & Directors' Information:- T T FINANCE LIMITED [Amalgamated] CIN = U67120DL1986PLC023168

Company & Directors' Information:- M M V R FINANCE LIMITED [Active] CIN = U65921TZ1997PLC007705

Company & Directors' Information:- D B FINANCE PRIVATE LIMITED [Active] CIN = U65191TN1989PTC016705

Company & Directors' Information:- C H P FINANCE PVT LTD [Active] CIN = U65921PB1992PTC012788

Company & Directors' Information:- S L B P FINANCE PRIVATE LIMITED [Active] CIN = U74899DL1990PTC041694

Company & Directors' Information:- R S FINANCE PVT LTD [Active] CIN = U65191WB1988PTC044144

Company & Directors' Information:- I C FINANCE PRIVATE LIMITED [Active] CIN = U65921UP1989PTC011236

Company & Directors' Information:- V K FINANCE PVT LTD [Strike Off] CIN = U67120WB1991PTC052140

Company & Directors' Information:- C AND N FINANCE PRIVATE LIMITED [Strike Off] CIN = U65921DL1998PTC094290

Company & Directors' Information:- C D R FINANCE LIMITED [Strike Off] CIN = U65910TG1995PLC022237

Company & Directors' Information:- J R FINANCE LIMITED [Active] CIN = U65921PB1996PLC017699

Company & Directors' Information:- I C S FINANCE LIMITED [Strike Off] CIN = U65921TZ1987PLC001991

Company & Directors' Information:- D D S FINANCE PRIVATE LIMITED [Strike Off] CIN = U65910DL1996PTC076165

Company & Directors' Information:- K V L FINANCE LIMITED [Strike Off] CIN = U65191TN1989PLC016715

Company & Directors' Information:- D A S FINANCE PVT LIMITED [Strike Off] CIN = U65921PB1993PTC012888

Company & Directors' Information:- U B FINANCE PRIVATE LIMITED [Strike Off] CIN = U74899DL1992PTC051300

Company & Directors' Information:- V L G FINANCE PRIVATE LIMITED [Strike Off] CIN = U65910AP1997PTC027952

Company & Directors' Information:- E M S FINANCE PRIVATE LIMITED [Strike Off] CIN = U65921TZ1986PTC001789

Company & Directors' Information:- T D M FINANCE COMPANY PRIVATE LIMITED [Active] CIN = U65923KL1997PTC011601

Company & Directors' Information:- S. F. FINANCE COMPANY PRIVATE LIMITED [Strike Off] CIN = U65921PB1996PTC018702

Company & Directors' Information:- D S L FINANCE PRIVATE LIMITED [Active] CIN = U65921TG1996PTC023898

Company & Directors' Information:- R D P FINANCE PRIVATE LIMITED [Active] CIN = U65929DL1997PTC089092

Company & Directors' Information:- S R K C FINANCE LIMITED [Amalgamated] CIN = U65999TZ1989PLC002445

Company & Directors' Information:- R K N FINANCE PRIVATE LIMITED [Strike Off] CIN = U65191TN1997PTC038377

Company & Directors' Information:- H A FINANCE PRIVATE LIMITED [Strike Off] CIN = U65993DL1987PTC027064

Company & Directors' Information:- V V A FINANCE LTD [Active] CIN = U65993WB1984PLC037171

Company & Directors' Information:- Y B FINANCE PRIVATE LIMITED [Strike Off] CIN = U65921CH1996PTC017745

Company & Directors' Information:- D G L FINANCE LTD [Strike Off] CIN = U67120TG1993PLC015604

Company & Directors' Information:- M S R FINANCE PVT LTD [Strike Off] CIN = U65191TN1989PTC016789

Company & Directors' Information:- S S P FINANCE PRIVATE LIMITED [Strike Off] CIN = U65191TN1987PTC014526

Company & Directors' Information:- C R N FINANCE PRIVATE LIMITED [Strike Off] CIN = U74899DL1994PTC062802

Company & Directors' Information:- I FINANCE COMPANY LIMITED [Active] CIN = U67110DL2011PLC212268

Company & Directors' Information:- H AND Z FINANCE PRIVATE LIMITED [Active] CIN = U67190MH1995PTC093153

Company & Directors' Information:- Y AND K FINANCE COMPANY PRIVATE LIMITED [Strike Off] CIN = U74899DL1985PTC019837

Company & Directors' Information:- S L P FINANCE PRIVATE LTD. [Strike Off] CIN = U65923DL1985PTC021970

Company & Directors' Information:- V M FINANCE LIMITED [Strike Off] CIN = U65910PB1996PLC018339

Company & Directors' Information:- D S K FINANCE LIMITED [Strike Off] CIN = U65910UP1988PLC010317

Company & Directors' Information:- G B V FINANCE COMPANY PRIVATE LIMITED [Strike Off] CIN = U65110UP1988PTC010219

Company & Directors' Information:- B H FINANCE PRIVATE LIMITED [Strike Off] CIN = U65922KA1995PTC018390

Company & Directors' Information:- M .R .S . FINANCE LIMITED [Strike Off] CIN = U65929DL1995PLC067184

Company & Directors' Information:- H D FINANCE LTD [Strike Off] CIN = U67120DL1986PLC023675

Company & Directors' Information:- P R K FINANCE P LTD [Strike Off] CIN = U65191TN1995PTC033478

Company & Directors' Information:- T AND C FINANCE LIMITED [Strike Off] CIN = U67120RJ1996PLC012576

Company & Directors' Information:- W S FINANCE PRIVATE LIMITED [Strike Off] CIN = U65192UP1996PTC020243

Company & Directors' Information:- S A C FINANCE COMPANY PVT LTD [Active] CIN = U65999WB1985PTC039002

Company & Directors' Information:- C C FINANCE PRIVATE LIMITED [Strike Off] CIN = U65191TN1997PTC037805

Company & Directors' Information:- S R B FINANCE LIMITED [Strike Off] CIN = U65910UP1988PLC010045

Company & Directors' Information:- P V FINANCE PRIVATE LIMITED [Strike Off] CIN = U65993DL1987PTC027270

Company & Directors' Information:- R V S FINANCE PRIVATE LIMITED [Strike Off] CIN = U65990KA1995PTC018436

Company & Directors' Information:- P AND B FINANCE PVT LTD [Strike Off] CIN = U99999MH1986PTC038841

Company & Directors' Information:- B B P FINANCE COMPANY PRIVATE LIMITED [Strike Off] CIN = U65921PB1996PTC018183

Company & Directors' Information:- A E FINANCE PRIVATE LIMITED [Active] CIN = U65999TZ1990PTC002905

Company & Directors' Information:- L R FINANCE COMPANY PRIVATE LIMITED [Strike Off] CIN = U65910UP1988PTC009758

Company & Directors' Information:- S B M FINANCE LIMITED [Strike Off] CIN = U65921PB1994PLC014374

Company & Directors' Information:- T A S FINANCE PVT LTD [Strike Off] CIN = U65191TN1990PTC018654

Company & Directors' Information:- D AND O FINANCE COMPANY PRIVATE LIMITED [Strike Off] CIN = U74899DL1993PTC054788

Company & Directors' Information:- H R P FINANCE PRIVATE LIMITED [Strike Off] CIN = U65921PB1995PTC015715

Company & Directors' Information:- P T R FINANCE PRIVATE LIMITED [Strike Off] CIN = U65191TN1989PTC016795

Company & Directors' Information:- B & S FINANCE PVT LTD [Strike Off] CIN = U65191TN1988PTC015491

Company & Directors' Information:- H S B FINANCE PVT LTD [Strike Off] CIN = U67120RJ1996PTC012119

Company & Directors' Information:- M. J. S. FINANCE COMPANY PRIVATE LIMITED [Strike Off] CIN = U65921PB1971PTC003049

Company & Directors' Information:- A R FINANCE PVT LTD [Strike Off] CIN = U65921PB1989PTC009778

Company & Directors' Information:- K G FINANCE LIMITED [Strike Off] CIN = U65910TZ1982PLC001219

Company & Directors' Information:- S AND Z FINANCE PRIVATE LIMITED [Strike Off] CIN = U65923PN1997PTC106520

Company & Directors' Information:- H S N FINANCE PVT LTD [Strike Off] CIN = U67120PB1993PTC013900

Company & Directors' Information:- G N FINANCE PVT LTD [Strike Off] CIN = U65990MH1981PTC024294

Company & Directors' Information:- C S FINANCE PRIVATE LIMITED [Strike Off] CIN = U65910GJ1987PTC009799

    CRL. O.P. Nos. 3714, 3737, 3738, 3739, 3740, 3717,3742, 3750, 3762, 3744, 3795, 3812, 3902 & 4685 of 2020 & Crl. MP. Nos. 2176, 2174, 2172, 2150, 2171, 2168, 2169, 2167, 2149, 2173, 2202, 2214, 2236 & 2676 of 2020 & CRL. O.P. Nos. 1251 to 1264 of 2011

    Decided On, 01 October 2020

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE G.K. ILANTHIRAIYAN

    For the Petitioners: Mr. A.K. Kumaraswamy, Senior Counsel, S. Kaithamalai Kumaran, Advocate. For the Respondents: K. Sakthivel, Advocate.



Judgment Text

(Common Prayer: Criminal Original Petitions filed under Section 482 of Cr.P.C. praying to set aside the order dated 10.01.2019 passed in memo dated 20.12.2018 in STC.No.394, 413, 562, 166, 412, 415, 410, 453, 393, 454, 511, 423, 563 and 424 of 2007 and to set aside the order dated 06.09.2010 passed in CMP.No.2586, 2587, 2589, 2590, 2593, 2592, 2588, 2595 , 2594, 2596, 2597, 2591, 2598, 2599 of 2010 in STC.No.393, 394, 413, 454, 412, 511, 423, 562, 563, 415, 424, 410, 453 & 166 of 2007 on the file of the Judicial Magistrate No.II, Metturdam.)Common Order:1. These petitions have been filed to set aside the order dated 10.01.2019 passed in memo dated 20.12.2018 in STC.No.394, 413, 562, 166, 412, 415, 410, 453, 393, 454, 511, 423, 563 and 424 of 2007 on the file of the Judicial Magistrate No.II, Metturdam and to set aside the order dated 06.09.2010 passed in CMP.No.2586, 2587, 2589, 2590, 2593, 2592, 2588, 2595 , 2594, 2596, 2597, 2591, 2598, 2599 of 2010 in STC.No.393, 394, 413, 454, 412, 511, 423, 562, 563, 415, 424, 410, 453 of 2007, 166 of 2008 on the file of the Judicial Magistrate No.II, Metturdam.2. Mr.A.K.Kumaraswamy, learned Senior Counsel appearing for the petitioners submitted that in all the cases, the petitioners are accused in STC.No.394, 413, 562, 166, 412, 415, 410, 453, 393, 454, 511, 423, 563 and 424 of 2007 on the complaint lodged by the respondent for the offences punishable under Section 138 of NI act. In all the cases, the evidence of the complainant was completed and after questioning under Section 313 of Cr.P.C., the accused were examined as defence side witness, DW1. At that juncture, the petitioners changed their counsel and filed petitions to recall PW1 under Section 311 of Cr.P.C. for further cross examination.2.1 He further submitted that while preparing the notes for the case, the new counsel on record came to understand that the bank transactions were manipulated by the respondent to make it appear that the loan transactions were failed to elicit in the cross examination of PW1 which was realised by the petitioners when the bank accounts were compared with the evidence of PW1. In fact the respondent did not lend money to the petitioners. The entire transactions were manipulated by the respondent by transfer of funds from one account to other account. In order to discharge the burden of proof, the petitioners wanted to further cross examine PW1. Therefore the petitioners filed petitions under Section 311 of Cr.P.C. Unfortunately, the trial court dismissed the petitions for the reason that PW1 was already cross examined and the matter is posted for further witnesses of defendant side evidence. Aggrieved by the same, the petitioners filed these petitions and this Court by order dated 20.01.2011, allowed the petitions and directed the trial court to recall PW1 on a specific date and the petitioners were permitted to cross examine PW1 on the same day without asking any further adjournments. Aggrieved by the same, the respondent preferred SLP before the Hon'ble Supreme Court of India on the ground that the respondent was not given opportunity of hearing before this Court. The Hon'ble Supreme Court of India by order dated 04.01.2012, allowed the appeals filed by the respondent and remitted the cases to this Court for fresh consideration and for passing an appropriate order after hearing both sides in accordance with law.2.2 He further submitted that after the Hon'ble Supreme Court of India remitted all the matters for fresh hearing, after giving opportunities to the respondent herein, all the bundles were misplaced by the Registry of this Court. In the meanwhile, the trial court also pressed for proceeding with the trial. Therefore the petitioners filed memo on 20.12.2018 before the trial court and prayed for issuing summon to the witnesses mentioned in the memo as defence witnesses. The trial court by order dated 10.01.2019, rejected the memo for the reason that the memo is filed only to drag the proceedings, that too filed after period of 10 years. Hence, the petitioners have challenged the said order before this Court. He further submitted that the witnesses mentioned in the memo are vital witnesses on the defence side to elicit material facts in respect of the accounts copy showing the gross amount payable to the petitioners from 01.04.2006 to 31.03.2008 and also the objection petition and legal notice dated 14.06.2007 issued by the petitioners against payment of the bill amount and orders. The petitioners are being accused, to rebut the presumption under Section 139 of NI Act, the witnesses mentioned in the memo are important and the petitioners may be given an opportunity. The petitioners never filed the memo to delay the proceedings since the petitioners have challenged only the order passed by the learned trial court dismissing the applications filed by the petitioners under Section 311 of Cr.P.C. for further cross examination of PW1. This court was pleased to allow the same and the same was challenged by the respondent before the Hon'ble Supreme Court of India and as such on the part of the petitioners, there is absolutely no delay and they never opted delaying tactics before the trial court.2.3 He further submitted that the list of witnesses mentioned in the memo and the cross examination of PW1 are very much important for the petitioners to disprove the case of the respondent and also to rebut the presumption under Section 139 of NI Act. Therefore, he sought for setting aside the order passed in the applications filed under Section 311 of Cr.P.C. and also to set aside the orders passed in the memo filed by the petitioners for issuance of summons to the witnesses.3. Per contra, Mr.K.Sakthivel, learned counsel for the respondent would submit that the respondent lodged complaint for the offence punishable under Section 138 of NI Act as against the petitioners in the year 2007. The respondent was examined as PW1 in all the cases. The petitioners did not cross examine PW1 on the date of chief examination of PW1 and they were given further opportunity to cross examine PW1. Even then, the petitioners failed to cross examine PW1 and as such the evidence of PW1 was closed. Thereafter the petitioners filed petitions to recall PW1 under Section 311 of Cr.P.C. and the same were allowed. Thereafter, on two occasions, the petitioners cross examined PW1 in detailed manner. While being so, the petitioners repeatedly changed his counsel and the new counsel on record again filed petitions under Section 311 of Cr.P.C. to cross examine PW1. In fact, after allowing the petitions filed under Section 311 of Cr.P.C. in the earlier occasion, the petitioners again filed petitions under Section 91 of Cr.P.C. for producing some documents by the respondent. Thereafter on production of documents by the respondent, then only the petitioners cross examined the respondent. Therefore, the petitioners used to file petition after petition only to delay the process of trial. Therefore, the second petition filed by the petitioners under Section 311 of Cr.P.C. for cross examination of PW1 is rightly dismissed by the trial court with detailed reason. Aggrieved by the same, the petitioners filed these petitions to set aside the same. Unfortunately, this Court without giving opportunity to the respondent and without even ordering any notice to the respondent, was pleased to allow the petitions and set aside the order passed by the trial court by order dated 20.01.2011. Therefore, the respondent was constrained to file appeals before the Hon'ble Supreme Court of India and the Hon'ble Supreme Court of India was pleased to set aside the order passed by this Court and remitted the matter back for fresh disposal. Therefore, the petitioners had already elaborately cross examined PW1 and also the petitioners were examined as DW1. At that juncture, again the present petitions have been filed to recall PW1 only on the ground that the earlier counsel failed to cross examine the vital part.3.1 He further submitted that insofar as rejection of memo is concerned, while pending these petitions, the petitioners filed memo with the list of witnesses and prayed for issuance of summons to the witnesses for examination as defence witnesses. In fact, after questioning under Section 313 of Cr.P.C., the petitioners were examined as DW1 and after period of 10 years, the present memo has been filed to examine some of the officials of TWAD Board, Karur in respect of payment between the TWAD Board and the petitioners who were being contractors under the TWAD Board from 01.04.2006 to 31.03.2008. Those witnesses are no way connected with the transactions between the petitioners and the respondent herein. They are nothing to do with the respondent and they are not at all connected with the present case and as such the trial court rightly rejected the memo filed by the petitioners herein. Further, the memo filed only to drag the trial proceedings and however the petitioners successfully dragged the trial proceedings for the past thirteen years. Therefore, the learned trial court rightly rejected the memo and there is absolutely nothing warranted for this Court to interfere with the orders passed by the trial court in the petitions filed by the petitioners under Section 311 of Cr.P.C. as well as the memo filed by the petitioners herein. Therefore, he sought for dismissal of all the petitions.4. Heard Mr.A.K.Kumaraswamy, Senior Counsel appearing for the petitioners and Mr.K.Sakthivel, learned counsel appearing for the respondent.5. All the petitioners are accused on the respective complaints lodged by the respondent herein for the offences punishable under Section 138 of NI Act. The case of the complainant is that the petitioners are carrying out contract works in TWAD Board at Karur as per the agreement between the petitioners and the TWAD Board dated 07.02.2004. The accused borrowed various sums on various dates to carry forward the contract works under the TWAD Board. The petitioners borrowed the said loan and agreed to repay the same with the interest at the rate of 15% per annum. Towards repayment of the said loan borrowed by the petitioners, issued cheques. All the cheques were presented for collection by the respective respondents and all the cheques were returned dishonoured with endorsement “exceeds arrangement”. After causing statutory notice, the respondent initiated proceedings for the offences under Section 138 of NI Act as against the petitioners.6. In all the complaints, after recording sworn statement of the respondent, the trial court had taken cognizance for the offence punishable under Section 138 of NI Act on 03.08.2007 and issued summons to the petitioners. The respondent was examined as PW1 in chief and posted the matter for cross examination of PW1. Though several opportunities were given by the trial court to the petitioners for cross examination of PW1, the petitioners failed to cross examine PW1. Therefore, the trial court closed the evidence of PW1 and posted the matter for questioning under Section 313 of Cr.P.C. At that juncture, the petitioners filed petitions under Section 311 of Cr.P.C. and the same was allowed by the trial court. Thereafter on two occasions, elaborately cross examined PW1 and posted the matter for questioning. After questioning under Section 313 of Cr.P.C., the matter was posted for defence side evidence. The petitioners were examined as DW1 and at that juncture, again the petitioners filed petitions under Section 311 of Cr.P.C. for further cross examination of PW1. It is curious to note that even after allowing the petitions under Section 311 of Cr.P.C in the earlier occasion, immediately the petitioners filed another petition under Section 91 of Cr.P.C. for production of some documents by the respondent. The same was allowed and on production of such documents only, the petitioners cross examined the respondent. After examining DW1, the petitions have been filed for further cross examination of PW1. The trial court passed detailed order citing the judgments of the Hon'ble Supreme Court of India in the case of Umar Mohammad & others Vs. State of Rajasthan reported in AIR 2008 SC (Supp) 231 and in the case of Mishrilal and others Vs. State of Madhya Pradesh & others reported in (2007) 1MLJ (Crl) 125. The Hon'ble Surpeme Court of India in both the cases held as follows:“An application filed by him purported to be under Section 311 of the code of criminal procedure was rejected by the learned Trial Judge by order dated 13.05.1995. A revision petition was filed there against and the High Court also rejected and said contention. It is not a case where stricto sensu the provisions of section 311 of the code of Criminal Procedure could have been involved. The very fact that such an application was got filed by PW-1 nine months after his deposition is itself pointed to the fact that he had been won over. It is absurd to contend that he, after a period of four years and that too after his examination in chief and cross examination was complete, would file an application on his own will and volition. The said application was, therefore, rightly dismissed.”“Once the witness was examined – in – chief and cross examined fully, such witness should not be recalled and reexamined to deny the evidence he had already given before the court, even though that witness had given an inconsistent statement before any other court or forum subsequently.”7. Considering the dictum laid down by the Hon'ble Supreme Court of India, the trial court dismissed the petitions filed by the petitioners. Aggrieved by the same, the petitioners filed these petitions to set aside the order passed by the trial court. Though this Court allowed all the petitions by order dated 20.01.2011, without giving opportunity to the respondent passed order. Aggrieved by the same, the respondent filed appeal before the Hon'ble Supreme Court of India and the Hon'ble Supreme Court of India in Crl.A.No.29 to 42 of 2012 by order dated 04.01.2012, allowed the appeals and remitted the case to this Court for fresh consideration and for passing appropriate order after hearing both sides in accordance with law.8. Admittedly, the respondent was examined as PW1 immediately after appearance of the petitioners before the trial court. On the date of chief examination of PW1, the petitioners did not cross examine PW1 and posted the matter for several times and was given several opportunities to the petitioners for cross examination of PW1. Even then, the petitioners failed to cross examine PW1 and after closing evidence of PW1, the petitioners filed applications under Section 311 of Cr.P.C. to cross examine PW1. The said petitions were allowed by the trial court and only thereafter the petitioners elaborately cross examined PW1 on two occasions and posted the matter for questioning under Section 313 of Cr.P.C. Thereafter the petitioners were examined as DW1. After completion of evidence of DW1, the petitioners came forward with these petitions under Section 311 of Cr.P.C. to cross examine PW1 for the reason that the earlier counsel on record failed to cross examine PW1 in respect of bank transactions manipulated by the respondents to make it appear that the loan transactions.9. On perusal of record, the counsel who cross examined PW1 has elaborately cross examined in this aspect. It is also seen that the petitioners used to file petition after petition to drag the trial proceedings before the trial court. Therefore, the change of counsel is not a ground for further cross examination of PW1. Further there is absolutely no evidence to show that the earlier counsel who appeared on behalf of the petitioners was incompetent and also no findings could be recorded in that regard. Further the petitioners were already given enough and fair opportunity to cross examine PW1 and accordingly they also cross examined PW1. Therefore, the respondent cannot be unduly harassed for repeated cross examination. Mere fact that the petitioners changed their counsel, it cannot be the ground to recall witnesses. Further, there is absolutely no basis for holding that any prejudice will be caused to the petitioners unless PW1 is recalled. There is neither any patent error in approach adopted by the the trial court rejecting the prayer for recall nor any clear injustice if such prayer is not allowed. Therefore, this Court finds no irregularity or infirmity in the order passed by the trial court and all the criminal original petitions filed against the order dated 06.09.2010 are liable to be dismissed.10. Insofar as the other criminal original petitions filed to set aside the order dated 10.01.2019 passed by the trial court on the memo filed by the petitioners on 20.12.2018 praying the trial court to issue summon to the witnesses mentioned in the memo for examination as their witnesses. The persons who were mentioned in the memo are the law officer of TWAD Board, Executive Engineers of TWAD Board and Assistant Engineer of TWAD Board, Karur. The petitioners wanted to examine them for the reason to elicit material fact in respect of the accounts copy showing the gross amounts payable to the petitioners from 01.04.2006 to 31.03.2008 and also the objection petition and legal notice dated 14.06.2007 issued by the petitioners against the payment of the bill amount and orders.11. On perusal of the complaints, as already discussed above, the complaints have been filed by the respondent for the offence punishable under Section 138 of NI Act on the cheques issued by the petitioners towards the repayment of the loan borrowed by the petitioners on various dates to carry forward the contract work which was allotted in favour of the petitioners by the TWAD Board. Therefore, these persons are nothing to do with the transactions between the petitioners and the respondents herein. Admittedly, the pe

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titioners were awarded contract works by the TWAD Board of Karur by the agreement dated 07.02.2004. In order to carry out the works, the petitioners have borrowed various sums on various dates from the respondent. The witnesses who were cited in the memo by the petitioners are the officials of the TWAD Board and they are nothing to do with the transactions between the petitioners and the respondent. Further, the statement of accounts showing amount payable to the petitioners from 01.04.2006 to 31.03.2008 by the TWAD Board are nothing to do with the transactions between the petitioners and the respondent. Likewise the objection petition and the legal notice issued by the accused to the TWAD Board are nothing to do with the complaints lodged by the respondent herein. Therefore, the trial court rightly rejected the memo filed by the petitioners.12. That apart, the memo was filed by the petitioners after a period of more than ten years from the date of examination of DW1. Though the petitions challenging the order passed under Section 311 of Cr.P.C. were pending before this Court, the memos have been filed by the petitioners only to drag the trial proceedings and nothing else. Therefore, all the petitions filed by the petitioners only to drag the trial proceedings and it amounts to abuse of process of court. Therefore, the trial court rightly rejected the memo filed by the petitioners and this Court finds no irregularity or infirmity in the order dated 10.01.2019 passed by the trial court.13. Accordingly, all the criminal original petitions are dismissed. However, considering that all the STC of the year 2007 are pending before the trial court for the past thirteen years, the trial court is directed to complete the trial in all the cases in STC.Nos.394, 413, 562, 166, 412, 415, 410, 453, 393, 454, 511, 423, 563 and 424 of 2007 within a period of three months from the date of receipt of copy of this order. Consequently, connected miscellaneous petitions are closed.
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