BABU IRAPPA BIJJARAGI Vs. SHAIKH CHANDBASHA

JUDGEMENT

(1.) Heard the arguments of the petitioner's counsel and the counsel for the respondent.

(2.) The present petition is f iled under section 482 of Cr.P.C., chal lenging the order of al lowing the appl ication fi led under section 311 of Cr.P.C., al lowing the complainant to adduce further evidence.

(3.) The factual matrix of the case is that, a private complaint is fi led under section 200 of Cr.P.C., for the of fence punishable under section 138 of the Negotiable Instruments Act. After taking cognizance, the presence of the accused was secured and plea was recorded and evidence is also commenced and after the examination of PW.1, an appl ication is fi led under section 311 of Cr.P.C. The counsel appearing for the petitioner produced Annexure-C, the application fi led before the Court below invoking section 311 of Cr.P.C. In the appl ication it is stated that it is just and necessary for the complainant to adduce evidence of the below mentioned witnesses in order to get marked the Xerox documents submitted before the Court and also to give evidence with respect of the contents of the said documents. Further the grounds assigned is, proposed witnesses are very important witnesses for the purpose of proving the case of the complainant and if the appl ication is al lowed, no loss or hardship would cause to anybody. On the contrary, i f it is not al lowed, the complainant wi ll be put to great hardship and inconvenience.