CHANDRAM SIDAR Vs. SANAT KUMAR KASHYAP

JUDGEMENT

(1.) Heard.

(2.) The present petition is against the order dated 08.06.2018, whereby an application under Section 315 CRPC has been dismissed by the Court below on the ground that one witness i.e. the Police Officer has already been examined as a defense witness.

(3.) Learned counsel for the petitioner submits that the petitioner is facing a trial under Section 138 of the Negotiable Instruments Act, 1881 wherein this Court on the earlier occasion in CRMP No.768 of 2017 by order dated 12.10.2017 has allowed the application under Section 311 of the Cr.P.C. and allowed the petitioner to produce the document and call any one of the witness, either the Bank Manager or the Police Officer for recording of statement in defense. It is stated that thereafter the Police Officer was examined in respect of the complaint of missing of the cheque, however, the police officer could not depose the fact as he was not present on the date, therefore, the report so made cannot be exhibited and the accused/petitioner is left with only one option to exhibit the same by examining himself, which is vested under Section 315 Cr.P.C.