M K KASSIM Vs. P S SUNIL KUMAR

JUDGEMENT

(1.) The petitioner is the accused in a prosecution under Sec.138 of the Negotiable Instruments Act. The complainant has presented a complaint through his Power-of-Attorney holder. The Power-of-Attorney holder has been examined. The petitioner wants the complainant to be examined. The petitioner's application for examination of the complainant was dismissed by the learned Magistrate relying on the decision in Thomas v. Vijayakumari (2002 (1) KLT 689). To show his bona fides, the petitioner submits that he is willing to pay the actual air fare which the complainant will have to incur for the journey from his place of residence to the court and back. He has already deposited an amount of Rs.57,500/-. The learned counsel for the petitioner prays that the application may be reckoned not solely as one under Section 254(2) of the Cr.P.C.; but as one under Sec.311 of the Cr.P.C. The bona fides of the petitioner is absolutely evident. In these circumstances, the petitioner may be granted an opportunity to examine the complainant under Sec.311 of the Cr.P.C., it is prayed.

(2.) The learned counsel for the respondent/complainant submits that the complainant shall appear if so directed; but he will have to ascertain from the complainant the date on which he will be able to avail leave and appear before the court.

(3.) I am, in these circumstances, satisfied that appropriate directions can be issued as virtually agreed between the counsel for the rival contestants.