High Court Kerala High Court

Madhusoodana Menon vs Krishnankutty on 21 May, 2010

Kerala High Court
Madhusoodana Menon vs Krishnankutty on 21 May, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 301 of 2010()


1. MADHUSOODANA MENON, AGED 53,
                      ...  Petitioner

                        Vs



1. KRISHNANKUTTY, S/O.MADHAVI AMMA,
                       ...       Respondent

2. THE STATE OF KERALA,

                For Petitioner  :SRI.G.SREEKUMAR (CHELUR)

                For Respondent  :SRI.A.BALAGOPALAN

The Hon'ble MR. Justice V.K.MOHANAN

 Dated :21/05/2010

 O R D E R
                       V.K.MOHANAN, J.
                     -------------------------------
                    Crl. R.P.No.301 of 2010
                     -------------------------------
             Dated this the 21st day of May, 2010.

                           O R D E R

This revision petition is preferred by the accused in

C.C.No.2579/2008 pending before the Judicial First Class

Magistrate Court, Irinjalakuda, challenging the order dated

12.01.2010 in C.M.P.No.12722/09, by which the learned

Magistrate declined the request of the revision petitioner

u/s.311 of Cr.P.C. and to produce certain documents.

2. From the order impugned it can be seen that, the

above case is instituted upon a private complaint preferred by

the respondent herein, in which the allegation is that the

revision petitioner/accused has committed the offence

punishable u/s.138 of Negotiable Instruments Act, wherein the

cheque in question covers an amount of Rs.16 lakhs. From the

impugned order it is further clear that the complainant, who was

examined as PW1, was not cross examined by the counsel for

the accused and the court has recorded, ‘no cross’ and after

closing the evidence, the case proceeded to the next stage of

Crl. R.P.No.301 of 2010
2

examining the accused u/s.313 of Cr.P.C. and before posting

the case for final hearing, though the revision petitioner was

granted time to adduce defence evidence, he did not avail that

opportunity. But the revision petitioner filed a petition on

5.10.2009 u/s.311 of Cr.P.C. to recall PW1, which was allowed

and accordingly PW1 was recalled and cross examined and

thereafter the present petition, upon which the impugned order

passed, was filed. On going by the impugned order, it appears

that the reasoning given by the learned Magistrate is absolutely

correct, especially in the light of the legal position, expressed

therein.

3. It is true that though the revision petitioner has got

ample opportunity to adduce defence evidence, he failed to

avail such opportunity and he had also failed to adduce

evidence or bring the materials, which claimed to have available

in favour of him, to the notice of the court, when PW1 was

recalled on the basis of the petition filed by the revision

petitioner on 5.10.2009. However, it is pertinent to note that the

Crl. R.P.No.301 of 2010
3

allegation in the complaint is that, the revision

petitioner/accused had issued a cheque for Rs.16 lakhs, which

dishonoured when presented for encashment and in case, the

allegation is found against the accused/revision petitioner, the

consequential liability will be very serious in both the respect, of

financial as well as of the criminal liability. Therefore, to serve

interest of justice, I am of the view that even though there was

some latches on the part of the revision petitioner, an

opportunity can be given to him to reopen the evidence, as

prayed for. The learned counsel for the

respondent/complainant though stoutly opposed the revision

petition, he submitted that if this court is inclined to give an

opportunity to the revision petitioner, certain condition may be

imposed thereby to expedite the trial of the case. Having

regard to the facts and circumstances involved in the case, I am

of the view that this revision petition can be disposed of

allowing the petitioner/accused, one more opportunity to

produce documents, within a limited time frame.

Crl. R.P.No.301 of 2010
4

In the result, this revision petition is disposed of setting

aside the order dated 12.1.2010 in C.M.P.No.12722/09 in

C.C.No.2579/08 of Judicial First Class Magistrate Court,

Irinjalakuda, and allowing C.M.P.No.12722/09 for the limited

purpose of producing the documents, as mentioned in the

petition, namely, C.M.P.No.12722/09. The revision petitioner is

directed to take steps to produce the documents within one

month from today and the trial court is directed to post

C.C.No.2579/08 on 21.6.2010, on which date the parties are

directed to appear before the court and the learned Magistrate

is directed to allow the said petition and accordingly the revision

petitioner is directed to produce his documents, within one

month thereafter and the trial court is further directed to

expedite the trial accordingly and dispose the same on merit.

Criminal revision petition is disposed of accordingly.

V.K.MOHANAN,
Judge.

ami/