IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 531 of 2008()
1. PREMJITH, S/O. JAYADHARAN,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. JOHNSON,
For Petitioner :SRI.A.N.RAJAN BABU
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :05/02/2008
O R D E R
V. RAMKUMAR , J.
==========================
CRL.M.C. No.531 of 2008
==========================
Dated this the 5th day of February, 2008.
O R D E R
The petitioner, who is the accused in C.C.No. 1329 of 1998
on the file of the Judicial First Class Magistrate, Karunagappally
which is a prosecution under Section 138 of the Negotiable
Instruments Act in respect of a cheque involving a sum of Rs.1
lakh, challenges Annexure A3 order dated 18.01.2008 passed by
the Judicial First Class Magistrate, Karunagappally in C.M.P. No.
814/2008 as per which the petitioner wanted that court to accept
an additional witness schedule. Annexure A2 is the additional
witness schedule where the first witness is none other than the
complainant himself, the 2nd witness is one Krishnan, a social
worker, the 3rd witness is the complainant’s former counsel who
had issued the statutory notice, the 4th witness is the Circle
Inspector of Police, Chavara and the 5th witness is none other
than the petitioner/accused. While the court below has given
valid reasons for not examining the third witness, who was the
counsel appearing for the complainant, the court has not given
CRL. M.C. NO. 531/2008 : 2:
any valid reason as to why witness Nos.2,4 and 5 should not be
examined except saying that their examination is not necessary.
The court below shall accordingly re-consider the petitioner’s
request for examining Krishnan, 2nd witness, Circle Inspector of
Police, Chavara, the 4th witness and the accused himself who is
the last witness. In case the request for examining Krishnan and
Circle Inspector of Police, Chavara has been made as a gesture of
vexation, the court can give valid reasons for disallowing the
request. In case the accused has not been examined as witness
and the accused volunteers to examine himself as defence
evidence under Section 315 Cr.P.C the court shall not shut out
his defence.
This Crl. M.C is disposed of as above.
V. RAMKUMAR, JUDGE.
rv
CRL. M.C. NO. 531/2008 : 3: