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LAKSHMANAN, AGED 59 YEARS versus STATE OF KERALA, REPRESENTED BY

High Court of Kerala

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LAKSHMANAN, AGED 59 YEARS v. STATE OF KERALA, REPRESENTED BY - WP(C) No. 27696 of 2007(V) [2007] RD-KL 17458 (18 September 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 27696 of 2007(V)

1. LAKSHMANAN, AGED 59 YEARS,
... Petitioner

Vs

1. STATE OF KERALA, REPRESENTED BY
... Respondent

2. V.G.SUKUMARAN, AGED 46 YEARS,

For Petitioner :SMT.JEENA JOSEPH

For Respondent : No Appearance

The Hon'ble MR. Justice R.BASANT

Dated :18/09/2007

O R D E R

R.BASANT, J.

W.P.C.No.27696 of 2007

Dated this the 18th day of September 2007



J U D G M E N T

The petitioner faces indictment in a prosecution under Section 138 of the Negotiable Instruments Act. The case has now reached the stage of defence evidence. The matter stands posted for defence evidence tomorrow, that is on 19/9/2007, it is submitted. The petitioner has rushed to this court with this petition with the prayer that some more time may be granted to the petitioner to adduce defence evidence. It is prayed that the proceedings before the court below may be stayed to facilitate such availability of further time for the petitioner to adduce defence evidence.

2. I find absolutely no merit in the request. It is for the petitioner to file appropriate application/list of witnesses/documents before the learned Magistrate through his counsel, even assuming that he is not able to appear before the learned Magistrate, specifying the defence evidence which he wants to adduce. I have no reason to assume that if the petitioner has valid reasons for a further opportunity to examine such witnesses, the learned Magistrate would not consider such request on merits and in accordance with law.

3. With the above observations, this writ petition is dismissed. Hand over copy of this order to the learned counsel for the petitioner.

(R.BASANT, JUDGE)

jsr W.P.C.No.27696/07 2 W.P.C.No.27696/07 3

R.BASANT, J.

CRL.M.CNo.

ORDER

21ST DAY OF MAY2007


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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