V.J. Mary vs K. Raveendran Nair on 28 March, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 1086 of 2005()


1. V.J. MARY, VALLOMTHYIL VEEDU,
                      ...  Petitioner

                        Vs



1. K. RAVEENDRAN NAIR, RATHEESH BHAVAN,
                       ...       Respondent

2. STATE OF KERALA REP. BY PUBLIC

                For Petitioner  :SRI.SHAIJAN C.GEORGE

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :28/03/2007

 O R D E R
                                 R. BASANT, J.

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                        Crl.M.C.No.  1086  of   2005

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                  Dated this the 28th day of   March, 2007


                                     O R D E R

The petitioner faces indictment in a prosecution under Section

138 of the N.I. Act. The case was posted for defence evidence.

Witnesses were present, but the counsel could not reach the court.

The witnesses could not be examined. The learned Magistrate has

now posted the case for judgment. The petitioner has come to this

Court with a prayer that the petitioner may be permitted to examine

the defence witnesses.

2. No serious objection is raised by the learned counsel for the

respondent/complainant. The counsel submits that the prayer may be

allowed on appropriate conditions, as the respondent/complainant has

been unnecessarily dragged to this Court and there has been

unjustified protraction of the proceedings, all because the petitioner

did not get ready for examination of the defence witnesses. I am, in

these circumstances, satisfied that the petitioner can be granted an

opportunity to examine the defence witnesses, subject to the

Crl.M.C.No. 1086 of 2005

2

condition that the petitioner must pay cost of Rs.500/- to the

respondent/complainant.

3. This Crl.M.C. is hence allowed to the above extent.

(R. BASANT)

Judge

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