High Court Kerala High Court

Parivarthana Kuries Private Ltd vs Anil Kumar on 1 December, 2008

Kerala High Court
Parivarthana Kuries Private Ltd vs Anil Kumar on 1 December, 2008
       

  

  

 
 
  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.
                  - - - - - - - - - - - - - - - - - - - - - -
                   Crl.M.C.No. 4492 of 2008
                  - - - - - - - - - - - - - - - - - - - - - -
            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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