IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 2309 of 2006()
1. M/S.TUBE ASSOCIATES, A PROPRIETARY
... Petitioner
Vs
1. P.D.RAJESH, S/O.PLAMOOTIL DEVASSY,
... Respondent
2. THE STATE OF KERALA,
For Petitioner :SRI.G.SREEKUMAR (CHELUR)
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :21/12/2006
O R D E R
R.BASANT, J.
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Crl.M.C.NO.2309 OF 2006
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Dated this the 21st day of December, 2006.
ORDER
The petitioner is the complainant in a prosecution under
Section 420 I.P.C. His application under Section 311 Cr.P.C to
re-open the evidence and examine one witness was turned down
by the learned Magistrate. The petitioner has come to this Court
with this petition under Section 482 Cr.P.C to complain about
the rejection of his petition under Section 311 Cr.P.C.
2. Initially the grievance was that an offence under
Section 138 of the N.I Act has been committed. In the course of
the trial, the complainant came to realise that the cheque issued
was really not one of which the accused is an account holder. In
these circumstances, it was prayed and the said request was
accepted by the court, that the charge may be altered to one
under Section 420 I.P.C. The evidence was closed. The matter
was posted for 313 examination. At that stage, the complainant
made a request to examine one more witness, who was not
available after re-opening the evidence. That application was
rejected by the learned Magistrate holding that sufficient
reasons are not there to invoke the powers under Section 311
Cr.P.C.
Crl.M.C.NO.2309 OF 2006 2
3. Counsel have been heard. I shall scrupulously avoid
any detailed reference to disputed facts. Suffice it to say that I
am persuaded that the interests of justice shall be served ideally
by granting the petitioner one further opportunity to adduce
further evidence by examining the one witness referred in the
petition.
4. In the result:
a) This Crl.M.C is, in these circumstances, allowed.
b) The impugned order is set aside;
c) It is directed that the petitioner shall be granted an
opportunity to examine the witness, whom he wants to examine.
The learned Magistrate shall post the case specifically to a date
for such examination. Witness shall be examined on that date.
R.BASANT
JUDGE
rtr/