CRL OP/10116/2026 of A.Ranganathan Vs L.K.Vennila

Crl. O.P. No. 10116 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 21.04.2026 CORAM THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Crl. O.P. No. 10116 of 2026 and Crl. M.P. No. 7227 of 2026 A. Ranganathan ... Petitioner vs. L.K. Vennila ... Respondent Criminal Original Petition is filed under Section 528 of Bharati ya Nagarik Suraksha Sanhita, 2023, to set aside the order passed by the XXV Metropolitan Magistrate Court, Egmore, Chennai dated 01.04.2026 in Crl.M.P.No.562 of 2026 in S.T.C.No.9596 of 2024. For Petitioner : Mr. S. Athikumar For Respondent : Mr. A. Arasu, O R D E R The petitioner / accused, who is facing trial in a private compl aint filed by the respondent under Section 138 of the Negotiable Instruments A ct in S.T.C. No. 9596 of 2024, filed a petition under Section 353 of BNSS Page No.1 of 5 https://www.mhc.tn.gov.in/judis Crl. O.P. No. 10116 of 2026 seeking permission to examine himself as a defence witness and to mark five documents as exhibits. The Trial Court, by order dated 01.04.2026, dismissed the same, against which, the present petition has been filed. 2. The contention of the petitioner is that he is facing trial under Sections 138 and 142 of Negotiable Instruments Act, wherein the presumption operates against him. The petitioner is duty-bound to probabilise his defence either by cross-examining the witnesses or by examining defence witnesses and producing defence exhibits. 2.1. In this case, the petitioner has come forward to examine himse lf as a witness under Section 353. By doing so, he removes the protective shield granted under Constitution and exposes himself to cross-examinati on. The petitioner is in custody of five documents, namely, (i) a lette r dated 30.01.2025 issued by the Regional Manager, Kerala Roadway Private Limited; (ii) statements and receipts of the amount received by the respondent / complainant and her husband from Anand Transport; (iii) the account statement of the petitioner’s bank account with the State Ba nk of India, Anna Nagar, (iv) video footage of the respondent / complainant receiving money at the petitioner’s business premises, along with a certificate under Section 65B of the Indian Evidence Act; and (v) a jewel Page No.2 of 5 https://www.mhc.tn.gov.in/judis Crl. O.P. No. 10116 of 2026 loan bill in the name of the complainant from the Central Co-opera tive Bank. 2.2. These five documents are in the possession of the petitioner and he is ready to mark them as exhibits. It is further submitted that the case is posted for arguments tomorrow. The petitioner is ready to appear bef ore the Trial Court along with the documents, adduce evidence and mark the documents as exhibits. 3. The learned counsel for the respondent strongly opposed the petitioner’s submissions and submitted that for 11 hearings, the case wa s posted for defence evidence, but the petitioner did not produce any defence witness and has been dragging the trial. He further submitted that the petitioner took nine months to cross-examine PW1 and by giving one reason or another, has been protracting the trial. Hence, the Trial Cour t, having considered all these aspects, rightly dismissed the petition. He also submitted that the documents produced by the petitioner are disputed. 4. Considering the submissions and upon perusal of the materials on record, the learned counsel for the petitioner, on instructions, submitte d that the petitioner / accused is ready to appear before the Trial Cour t tomorrow Page No.3 of 5 https://www.mhc.tn.gov.in/judis Crl. O.P. No. 10116 of 2026 (i.e., on 22.04.2026) along with the documents to be marked and will complete his evidence without seeking any further adjournment. 5. The learned counsel for the respondent / complainant submitted that he is ready to cross-examine the witness on the same day and that t here will be no delay. 6. In view of the undertaking given by both counsel for the petitioner and the respondent, this Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is closed. 7. The petitioner is directed to appear before the Trial Court on 22.04.2026, failing which, the respondent is at liberty to approach this Court. 21.04.2026 Neutral Citation: Yes/No AT Note: Issue order copy on 21.04.2026 To The XXV Metropolitan Magistrate Court, Egmore, Chennai. Page No.4 of 5 https://www.mhc.tn.gov.in/judis Crl. O.P. No. 10116 of 2026 M.NIRMAL KUMAR, J. AT Crl. O.P. No. 10116 of 2026 and Crl. M.P. No. 7227 of 2026 21.04.2026 Page No.5 of 5 https://www.mhc.tn.gov.in/judis