T.SHOBHA Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused in the case S.T No. 60/2017 on the file of the Court of the Judicial First Class Magistrate-II, Ottapalam.

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

(3.) When the case reached the stage of defence evidence, the petitioner filed an application for examination of a witness by name Smt. Baby, W/o Sundaran. The trial court allowed examination of the aforesaid witness by the petitioner. Summons was issued from the trial court to the aforesaid witness and she appeared in the trial court. However, the counsel for the complainant was not ready for the cross-examination of the witness on that day. It appears that even examination-in-chief of the witness was not conducted and the witness was discharged on that day and the case was adjourned to another day. The witness was not present on the next hearing date. Inspite of repeated warrants issued against the witness, her presence could not be secured. Therefore, the trial court closed the defence evidence and posted the case for hearing. Then, the petitioner filed an application as Crl.M.P No. 1607/2019 for reopening the evidence on her side for examination of the witness. She also filed application as Crl.M.P No. 1606/2019 for issuing warrant against the witness.