M.S. MURALI Vs. JAMES GEORGE

JUDGEMENT

(1.) The petitioner is the accused in the case S.T.No.1038/2012 on the file of the Court of the Judicial First Class Magistrate, Pathanamthitta.

(2.) The aforesaid case is instituted upon the complaint filed against the petitioner by the first respondent for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act').

(3.) After the closing of the evidence in the case and after the final hearing of the case, the first respondent (hereinafter referred to as 'the complainant') filed Annexure-G application under Section 311 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') for re-opening his evidence and to allow him to produce an agreement alleged to have been executed by the accused regarding the transaction and to recall and re-examine him to prove the document. He also prayed for examination of an additional witness on his side to prove the agreement.