C K KAMARUDHEEN Vs. P SHOUKKATHALI

JUDGEMENT

(1.) This petition is filed under Section 482 of the Cr. P. C. to quash the common order dated 3-3-2001 of the Judicial First Class Magistrate, Malappuram in Crl. M. P. No. 1525/2001 and Crl. M. P. No. 1524/2001 in S. T. No. 6706/1998.

(2.) The petitioner is the accused in S. T. No. 6706/1998. The case arose on a complaint filed by the first respondent against the petitioner alleging the commission of the offence punishable under Section 138 of the Negotiable Instruments Act. The complainant was examined as P.W. 1 and two other witnesses were examined as P.Ws. 2 and 3. After the examination of the accused under Section 313 of the Cr. P. C. the case was posted for defence evidence. Though sufficient opportunity was given to the accused to adduce defence evidence, no witness was cited or examined on the defence side. Therefore, the learned Magistrate posted the case for arguments on 3-3-2001. On that day, the accused filed C.M.P. No. 1525/2001 and C.M.P. No.1524/2001 to resummon the complainant to examine him as a witness for the defence. The lower Court by the impugned order dismissed both the petitions. Hence this petition.

(3.) The learned counsel for the petitioner strongly contended that the lower Court should have allowed the petitioner to examine the first respondent as a defence witness. According to the learned counsel, as per Section 243 of the Cr. P. C., the accused in a case is entitled to examine any person as a witness for the defence.