INDUSTRIES (INDIA) LTD. Vs. STATE & ANR.

JUDGEMENT

(1.) The present petition has been filed under Section 482 Cr.P.C. against the rejection of the application of the petitioner/complainant under Section 311 Cr.P.C. by the Trial Court vide order dated 17.08.2015.

(2.) At the outset, the learned counsel for respondent No. 2 has raised the objection to the maintainability of the present petition. Per contra, the learned counsel for the petitioner has submitted the judgment of the Supreme Court in Criminal Appeal No. 486-487/2009 titled Sethuraman v. Rajamanickam where it has been observed that the order passed under Section 311 Cr.P.C. is an interlocutory order and revision thereto is barred under Section 397(2) Cr.P.C. and the only remedy is available under Section 482 Cr.P.C. The objection raised by the learned counsel for respondent No. 2 is turned down.

(3.) In para 5 of the application moved under Section 311 Cr.P.C., it has been mentioned by the petitioner/complainant that during the cross examination of CW1 it was put to the witness that the document Ex.CW 1/2 is a copy of the agreement to sell and the original of the same had not been produced. The Trial Court has made the observation thereupon.