NIKITA MOHANDAS Vs. K U GEEVARGHESE

JUDGEMENT

(1.) The petitioner is the accused in a prosecution under Section 138 of the Negotiable Instruments Act. The matter has reached the stage of defence evidence. The petitioner had filed an application under Section 315, Criminal Procedure Code to examine herself. That petition was allowed as per order dated 27.2.2006. Another application to summon a witness was dismissed by the learned Magistrate as per order in CMP No. 1227/2006 dated 15.3.2006. Thereafter, the matter stood posted for judgment. It is at that stage, the petitioner has rushed to this Court with this Criminal M.C.

(2.) What is the grievance of the petitioner. The learned Counsel for the petitioner submits that the petitioner may be given an opportunity to examine herself as a witness as already permitted under Section 315, Cr.P.C. Though the petition was allowed, the petitioner did not get an effective opportunity to examine herself. The only other request made is that the order passed in CMP No. 1227/2006 dated 15.3.2006 may be set aside and the petitioner may be permitted to summon the said witness-Post Master of Edakkad Post Office, Calicut-5 to produce the documents and give evidence.

(3.) I am satisfied in these circumstances that this Criminal M.C can be disposed of with appropriate directions.