IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4492 of 2008()
1. PARIVARTHANA KURIES PRIVATE LTD.,
... Petitioner
Vs
1. ANIL KUMAR, S/O.EREKKATH GOVINDA MENON
... Respondent
2. STATE OF KERALA, REPRESENTED BY '
For Petitioner :SRI.R.VINU RAJ
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :01/12/2008
O R D E R
R. BASANT, J.
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Crl.M.C.No. 4492 of 2008
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Dated this the 1st day of December, 2008
O R D E R
The petitioner is the complainant in a prosecution under
Section 138 of the N.I. Act. Trial has already commenced. The
petitioner has already examined PW1. He was further examined
and further cross examined. The petitioner now wants PW1 to be
re-called to prove certain aspects. That prayer was rejected. The
petitioner has come up in challenge against the rejection of his
prayer under Section 311 Cr.P.C.
2. The respondent has entered appearance. I have heard
the learned counsel for the respondent. Except that already a
couple of occasions were available to the petitioner to prove his
case, no other serious contention is raised. I am satisfied that
subject to appropriate conditions the complainant can be
permitted to adduce further evidence by re-calling himself as a
witness.
Crl.M.C.No. 4492 of 2008
2
3. In the result:
a) This Crl.M.C. is allowed.
b) The impugned order is set aside.
c) The petitioner shall be granted permission to re-call PW1 and
examine him on condition that PW1 appears before the court below
for such examination on the next date of posting and he pays an
amount of Rs.500/- as cost to the respondent/accused.
4. Hand over the order.
(R. BASANT)
Judge
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