V J MARY Vs. K RAVEENDRAN NAIR

JUDGEMENT

(1.) The petitioner faces indictment in a prosecution under Section 138 of the N.I. Act. The case was posted for defence evidence. Witnesses were present, but the counsel could not reach the court. The witnesses could not be examined. The learned Magistrate has now posted the case for judgment. The petitioner has come to this Court with a prayer that the petitioner may be permitted to examine the defence witnesses.

(2.) No serious objection is raised by the learned counsel for the respondent/complainant. The counsel submits that the prayer may be allowed on appropriate conditions, as the respondent/complainant has been unnecessarily dragged to this Court and there has been unjustified protraction of the proceedings, all because the petitioner did not get ready for examination of the defence witnesses. I am, in these circumstances, satisfied that the petitioner can be granted an opportunity to examine the defence witnesses, subject to the condition that the petitioner must pay cost of Rs.500/- to the respondent/complainant.

(3.) This Crl.M.C. is hence allowed to the above extent.