IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 33648 of 2006(E)
1. GOPALAKRISHNAN, KALAKKATHU HOUSE,
... Petitioner
Vs
1. M/S.RAMCO AGENCIES,
... Respondent
For Petitioner :SRI.P.B.SAHASRANAMAN
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :18/12/2006
O R D E R
R.BASANT, J.
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W.P.C.NO.33648 OF 2006
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Dated this the 18th day of December, 2006.
JUDGMENT
The petitioner faces indictment in a prosecution under
Section 138 of the N.I Act. The complainant has filed a proof
affidavit. When the matter came up for hearing, the accused was
present and on behalf of the accused, the junior counsel has
done the cross examination. It is said that the senior counsel
had only wanted the junior counsel to get the matter adjourned
for one day or to take up the matter after lunch for cross
examination. But since that prayer was not granted, the junior
counsel was constrained to put some questions. The senior
counsel obviously feels that the necessary questions have not
been put to the complainant. The petitioner then filed an
application to recall the complainant under Section 311 Cr.P.C.
That petition was dismissed by the learned Magistrate. A copy of
the order is not produced. But however, the order is extracted in
the Writ Petition.
2. The short request of the learned counsel for the
petitioner is that the accused may be given one more opportunity
to cross examine the complainant. The matter is at the stage of
defence evidence.
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3. I am satisfied, that this Writ Petition can be disposed
of without waiting for issue and return of notice to the
respondent/complainant. The petitioner is obviously asking for
the luxury of a further opportunity to cross examine the
complainant and I am satisfied that on appropriate terms, the
said request can be allowed and quietus can be achieved.
4. This Writ Petition is, in these circumstances, allowed.
It is directed that at the defence stage, the learned Magistrate
shall grant the petitioner/accused an opportunity to further cross
examine the complainant on condition that the petitioner pays an
amount of Rs.250/- (Rupees Two hundred fifty only) as cost to
the complainant. The complainant shall be examined on the next
date of posting if he is available, and if not, on the next date of
posting. The petitioner shall not be entitled to ask for any
further adjournment for such cross examination.
5. Hand over a copy of this order to the learned counsel
for the petitioner, who shall produce the same before the learned
Magistrate
R.BASANT
JUDGE
rtr/
W.P.C.NO.33648 OF 2006 3