DR. APARNA RAVI Vs. THE STATE OF KERALA

JUDGEMENT

(1.) The petitioner is a stranger to C.C. No. 209 of 2008 on the files of the trial Court.

(2.) The father of the petitioner filed a complaint against the accused in the above case alleging the offence under section 138 of the Negotiable Instruments Act, 1881 ("The N.I. Act" for short). After the closing of the evidence of the prosecution, the accused filed a witness schedule requesting the court below to issue summons to the witnesses mentioned in the witness schedule. The said schedule is produced as a part of Annexure-A3. The petitioner is the 2nd witness named in the said witness schedule. The court below issued Annexure - A6 summons to the petitioner to appear before the court below to give evidence as a defence witness in the above case.

(3.) The right of the prosecution or the accused to apply to the court for issuing summons to any witness in a summons trial is stipulated in Section 254(2) Cr.P.C., 1973 which reads as follows:-