LAWS(KER)-2007-4-69

RENUKA RACHEL ABRAHAM Vs. LETTY PATRIC

Decided On April 11, 2007
RENUKA RACHEL ABRAHAM Appellant
V/S
LETTY PATRIC Respondents

JUDGEMENT

(1.) The petitioner faces indictment in a prosecution under Section 138 of the N.I. Act. The trial has reached its fag end. It is the case of the petitioner that there was no transaction between her and the complainant as alleged on the date alleged by the complainant. In support of her case, she examined herself and proved her passport. When Ext.D1 passport was marked, the complainant appears to have realised the incongruity and claimed a further opportunity to examine her. That application was under Section 311 Cr.P.C. That was allowed by the learned Magistrate by Annex.F, which is impugned in this proceedings.

(2.) The learned counsel for the petitioner submits that no amount of explanation by the complainant can improve the matter. No opportunity to fill up the lacuna in the case of the prosecution can be granted. In these circumstances the impugned order may be set aside, it is prayed.

(3.) I shall alertly remind myself of the nature, quality and contours of the jurisdiction of this Court under Section 482 Cr.P.C. The jurisdiction which is sought to be invoked is an extra ordinary inherent jurisdiction. Such jurisdiction is to be invoked only in aid of justice.