IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 27696 of 2007(V)
1. LAKSHMANAN, AGED 59 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. V.G.SUKUMARAN, AGED 46 YEARS,
For Petitioner :SMT.JEENA JOSEPH
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :18/09/2007
O R D E R
R.BASANT, J.
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W.P.C.No.27696 of 2007
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Dated this the 18th day of September 2007
J U D G M E N T
The petitioner faces indictment in a prosecution under Section 138
of the Negotiable Instruments Act. The case has now reached the stage of
defence evidence. The matter stands posted for defence evidence
tomorrow, that is on 19/9/2007, it is submitted. The petitioner has rushed
to this court with this petition with the prayer that some more time may be
granted to the petitioner to adduce defence evidence. It is prayed that the
proceedings before the court below may be stayed to facilitate such
availability of further time for the petitioner to adduce defence evidence.
2. I find absolutely no merit in the request. It is for the petitioner
to file appropriate application/list of witnesses/documents before the
learned Magistrate through his counsel, even assuming that he is not able
to appear before the learned Magistrate, specifying the defence evidence
which he wants to adduce. I have no reason to assume that if the
petitioner has valid reasons for a further opportunity to examine such
witnesses, the learned Magistrate would not consider such request on
merits and in accordance with law.
3. With the above observations, this writ petition is dismissed.
Hand over copy of this order to the learned counsel for the
petitioner.
(R.BASANT, JUDGE)
jsr
W.P.C.No.27696/07 2
W.P.C.No.27696/07 3
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007