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M/S.TUBE ASSOCIATES, A PROPRIETARY v. P.D.RAJESH, S/O.PLAMOOTIL DEVASSY - Crl MC No. 2309 of 2006  RD-KL 4117 (21 December 2006)
IN THE HIGH COURT OF KERALA AT ERNAKULAMCrl MC No. 2309 of 2006()
1. M/S.TUBE ASSOCIATES, A PROPRIETARY
1. P.D.RAJESH, S/O.PLAMOOTIL DEVASSY,
2. THE STATE OF KERALA,
For Petitioner :SRI.G.SREEKUMAR (CHELUR)
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
O R D E R
R.BASANT, J.Crl.M.C.NO.2309 OF 2006
Dated this the 21st day of December, 2006.
ORDERThe 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
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