MEMORANDUM OF CRIMINAL ORIGINAL PETITION

(Under section 482 of CrPC)

IN THE HIGH COURT OF JUDICATURE, CHENNAI

Crl.O.P.No. of 2023
In
Crl.M.P.No. 32223 of 2023
In
S.T.C.No. 1865 of 2011
(On the file of the Learned Metropolitan Magistrate
(Fast Track Court No.II), Allikulam, Chennai)

Ms. Karpaga Selvi,

Secretary,
Community Development Society,
20, Archuna Thevar Lane,
South New Street, Thenkarai,
Periyakulam – 625 601 …Petitioner/Petitioner/Accused
-Vs-
M/ s. Micro Finance Development Initiaives of India,
Represented by A.Murugan (Accounts Officer),
No.60, Officers Colony,
3rd Street, Mehta Nagar,
Chennai – 600 029 …Respondent/Respondent/Complainant

PETITION FOR DIRECTION

It is most respectfully submitted as follows;

1. It is submitted that this petition has been filed against the

dismissal order dated 18.10.2023 in Crl.M.P.No.32223/2023
in C.C.No.1865/2011 Hon’ble Metropolitan Magistrate Fast
Track Court-II Allikulam at Chennai.

2. It is submitted that the petitioner is an accused in the case

filed under the Negotiable Instruments Act by the
respondent/complainant in C.C.No.1865/2011 before the
 Hon’ble Metropolitan Magistrate Fast Track Court-II at
Allikulam at Chennai and the said case was posted for cross-
examination of PW1 on 17.07.2023 when the junior advocate
did his cross-examination on same day, whereas some
important aspects have not been touched by him during the
cross-examination such as the directorship and its relevant
documents of the complainant company was not cross-
examined on the said day. It is very important for the just
decision of the case.

3. It is submitted that for the above said reasons,

petitioner/accused has filed a petition for recalling the
evidence of PW1 for further cross-examination under section
311 of Cr.P.C., and wherein the reason for non-effective cross-
examination on the particular aspect was mentioned in the
said petition since on the said day the senior of the said junior
counsel was held up in Madurai in some other case.

4. It is submitted that non cross-examination of the above said

particular aspect is serious prejudice to the
petitioner/accused and petitioner accused is ready to
conclude the cross examination on the day itself if the petition
was allowed with paying necessary batta to the PW1. Hence
the petitioner/accused is constrained to file this petition.

5. It is submitted that if this petition is allowed, no prejudice will

be caused to the respondent, and if it is not allowed the
petitioner as well as his family will be put into hardship and
irreparable loss.
 Therefore it is prayed that this Hon’ble court may be
pleased to stay all further proceedings against the petitioner in
S.T.C.No. 1865 of 2011 on the file of the Learned Metropolitan
Magistrate Fast Track Court No.II, Allikulam, Chennai, pending
disposal of the above said revision petition on the file of this Hon’ble
court and thus render justice and

Therefore it is prayed that this Hon’ble court may be

pleased to set aside the order passed on 26.07.2023 in
Crl.M.P.No.32223/2023 in C.C.No.1862011 by the Hon’ble XIII
Metropolitan Magistrate, Egmore and pass further order accordingly
and thus render justice.

Dated at Chennai, this is the 20th day of November, 2023.

Counsel for petitioner/accused

MEMORANDUM OF CRIMINAL ORIGINAL PETITION

(Under section 482 of CrPC)
IN THE HIGH COURT OF JUDICATURE, CHENNAI

Crl.O.P.No. of 2023
In
Crl.M.P.No. 32223 of 2023
 In
S.T.C.No. 1865 of 2011
(On the file of the Learned Metropolitan Magistrate
(Fast Track Court No.II), Allikulam, Chennai)

Ms. Karpaga Selvi,

Secretary,
Community Development Society,
…Petitioner/Petitioner/Accused
-Vs-
M/ s. Micro Finance Development Initiaives of India,
Represented by A.Murugan (Accounts Officer),
…Respondent/Respondent/Complainant

INDEX TO TYPED SET

S.NO DATE DESCRIPTION OF DOCUMENTS PAGE
NO.

1. 02.08.2023 Petition filed under section 311 of Cr.P.C.

by the Petitioner/Accused in
Crl.M.P.No.32223/2023 in
C.C.No.1865/2011

2. 23.08.2023 Counter Affidavit filed by the

respondent/complainant in
Crl.M.P.No.32223/2023 in
C.C.No.1865/2011

3. 18.10.2023 Order passed in Crl.M.P.No.32223/2023

in C.C.No.1865/2011 on the file of Hon’ble
Metropolitan Magistrate Court, Fast Track
Court-II at Egmore, Allikulam at Chennai.

All the documents are certified copy of the original documents.

Dated at Chennai on this the 20th day of November, 2023

Counsel for Petitioner

MEMORANDUM OF CRIMINAL MISCELLANEOUS PETITION

(Under section 482 of CrPC)
 IN THE HIGH COURT OF JUDICATURE, CHENNAI
Crl.O.P.No. of 2023
In
Crl.M.P.No. 32223 of 2023
In
S.T.C.No. 1865 of 2011
(On the file of the Learned Metropolitan Magistrate
(Fast Track Court No.II), Allikulam, Chennai)

Ms. Karpaga Selvi,

Secretary,
Community Development Society,
20, Archuna Thevar Lane,
South New Street, Thenkarai,
Periyakulam – 625 601 …Petitioner/Petitioner/Accused
-Vs-
M/ s. Micro Finance Development Initiaives of India,
Represented by A.Murugan (Accounts Officer),
No.60, Officers Colony,
3rd Street, Mehta Nagar,
Chennai – 600 029 …Respondent/Respondent/Complainant

PETITION FOR STAY

For the reasons stated in the accompanying grounds it is prayed that

this Hon’ble court may be pleased to stay all further proceedings
against the petitioner in S.T.C.No. 1865 of 2011 on the file of the
Learned Metropolitan Magistrate Fast Track Court No.II, Allikulam,
Chennai, pending disposal of the above said revision petition on the
file of this Hon’ble court and thus render justice.

Dated at Chennai on this 20th day of November, 2023

Counsel for Petitioner

IN THE HIGH COURT OF

JUDICATURE AT MADRAS
(Criminal Jurisdiction)
Crl.O.P.No. /2023
 In
Crl.M.P.No. 32223 of 2023
In
C.C.No. 1865 of 2011
Ms. Karpaga Selvi,
Secretary, Community
Development Society,
---Petitioner/Accused
-Vs-
M/ s. Micro Finance
Development Initiaives of
India,
Represented by A.Murugan
(Accounts Officer),

---Respondent/Complainant

PETITION FOR
DIRECTION

R.RADHA PANDIAN [81/02]

M.KAVIRAJ [2947/2016
K.MADHUMITHA [7610/21]
S.SUBBU LAKSHMI[5790/22]
K.RHISHI THIRUVENGADAM[6371/22]

COUNSEL FOR PETITIONER

98400 18694
IN THE HIGH COURT OF
JUDICATURE AT MADRAS
(Criminal Jurisdiction)
Crl.O.P.No. /2023
In
Crl.M.P.No. 32223 of 2023
 In
C.C.No. 1865 of 2011
Ms. Karpaga Selvi,
Secretary, Community
Development Society,
---Petitioner/Accused
-Vs-
M/ s. Micro Finance
Development Initiaives of
India,
Represented by A.Murugan
(Accounts Officer),

---Respondent/Complainant

ORDER COPY

R.RADHA PANDIAN [81/02]

M.KAVIRAJ [2947/2016
K.MADHUMITHA [7610/21]
S.SUBBU LAKSHMI[5790/22]
K.RHISHI THIRUVENGADAM[6371/22]

COUNSEL FOR PETITIONER

98400 18694
IN THE HIGH COURT OF
JUDICATURE AT MADRAS
(Criminal Jurisdiction)
Crl.O.P.No. /2023
In
Crl.M.P.No. 32223 of 2023
In
C.C.No. 1865 of 2011
 Ms. Karpaga Selvi,
Secretary, Community
Development Society,
---Petitioner/Accused
-Vs-
M/ s. Micro Finance
Development Initiaives of
India,
Represented by A.Murugan
(Accounts Officer),

---Respondent/Complainant

TYPED SET

R.RADHA PANDIAN [81/02]

M.KAVIRAJ [2947/2016
K.MADHUMITHA [7610/21]
S.SUBBU LAKSHMI[5790/22]
K.RHISHI THIRUVENGADAM[6371/22]

COUNSEL FOR PETITIONER

98400 18694