M/S. CHAMBA FABRICS BY ITS versus MISTY APPARELS PVT. LTD

High Court of Madras

Indian Supreme Court Cases / Judgements / Legislation

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M/s. Chamba Fabrics by its v. Misty Apparels Pvt. Ltd - CRL.O.P.NO.14942 of 2001 [2003] RD-TN 730 (27 August 2003)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27/08/2003

CORAM

THE HONOURABLE MR.JUSTICE M. CHOCKALINGAM

CRL.O.P.NO.14942 of 2001

and

CRL.M.P.No.5150 of 2001

M/s. Chamba Fabrics by its

Sole Proprietor Narendra Kumar

101, Ganapathipuram, Erode

through his Power Agent and

Manager, Mubarak Ali .. Petitioner -Vs-

1. Misty Apparels Pvt. Ltd.

Rep. By its Director

Manoj Kumar Lulla

38 & 39, Whites road

Madras-600 014

2. Manoj Kumar K. Lulla

Director,

Misty Apparels Pvt. Ltd.

38 & 39, Whites Road

Madras-600 014

3. Kiron Kumar Lulla

Director

Misty Apparels Pvt. Ltd.

38 & 39, Whites Road

Madras-600 014

4. Rani K. Lulla

Director

Misty Apparels Pvt. Ltd.

38 & 39, Whites Road

Madras-600 014 .. Respondents This petition is preferred under Section 482 of Cr.P.C. to call for the records and set aside the order dated 14.6.2001 made in Crl.M.P.No.6722 of 2001 in C.C.No.464 of 1997 on the file of the learned Judicial Magistrate, No.I, Erode.

For Petitioner : Mr.A.P.C.Krishnamoorthy

For Respondents : Service awaited

:ORDER

Aggrieved over an order of the learned judicial Magistrate No.I, Erode dismissing an application filed by the petitioner/complainant under Section 311 of Cr.P.C. seeking to recall P.W.1, this petition has been filed.

2. After perusing the materials available before the Court, the Court is of the considered view that in order to avoid the avoidable delay, it would be suffice to give disposal to the petition after hearing the petitioner.

3. Admittedly, the complainant/petitioner filed C.C.No.464 of 1997 under Section 138, 141 and 142 of the N.I. Act alleging that a cheque was issued by the accused and the same was placed for encashment. But, the same was dishonoured. Following the same, a statutory notice was issued. But the demands were not met by the accused, which necessitated the complainant to lodge the instant complaint. It was taken cognizance by the learned Judicial Magistrate. Admittedly, the evidence on the side of the complainant was over and the accused were also questioned under Section 313 of Cr.P.C. Following the same, the defence side evidence was also over. At this juncture, the complainant has filed an application under Section 311 of Cr.P.C. for recalling P.W.1. After hearing both sides, the learned Judicial Magistrate has dismissed the same and rightly too. The purpose for which P.W.1 was to be recalled according to the complainant was to file certain accounts in order to prove his case. The complainant allowed his side evidence to be over and the accused were also questioned under Section 313 of Cr.P.C. and the defence side evidence was also over, and thus, the matter was ripe for argument. At that stage, filing an application under Section 311 of Cr.P.C. to recall P.W.1 for the production of certain accounts was nothing but only with a view to fill up the lacuna that has already arisen in the evidence, and hen ce, it should not be permitted. It is needless to say that Section 311 of Cr.P.C. is not intended to recall or summon the witnesses to fill up the lacuna that has already arisen in the evidence recorded. Hence, the lower court was perfectly correct in dismissing the application and it is not the stage where P.W.1 could be recalled to fill up the lacuna already occurred in his evidence. Hence, there is no merit in the petition and the petition is dismissed. Consequently, connected Crl.M.P. is also dismissed. 27.08.2003

Index : Yes

Internet : Yes

vvk

To

The Judicial Magistrate No.1

Erode



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