AMADH BUDHA MADHADA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY this application under Articles 226 and 227 of the Constitution of India, the petitioner has challenged the order dated 5th February, 2008 passed by the learned 7th Additional Senior Civil Judge & Judicial Magistrate, Bhuj -Kutch (the learned Judicial Magistrate), below application Exhibit 104 in Criminal Case No.1910 of 1999, whereby the petitioner's application for examination of certain witnesses has been rejected. The petitioner also challenges the order dated 11th September, 2007 passed by the learned Additional Sessions Judge (Fast Track Court No.5), Bhuj ? FS Kutch (learned Additional Sessions Judge) in Criminal Revision Application No.7 of 2007, whereby the aforesaid order dated 5th February, 2007 has been confirmed.

(2.) THE facts of the case stated briefly are that the respondent No.2 herein had filed a complaint before the learned Judicial Magistrate First Class, Bhuj, alleging dishonour of a cheque issued by the present petitioner, which was registered as Criminal Case No.1910 of 1999.

(3.) DURING the course of trial, the present petitioner submitted an application below Exhibit 104 for re -examination of witnesses under Section 311 of the Code of Criminal Procedure, 1973 (the Code) on 27th July, 2006. By the impugned order dated 5th February, 2007, the learned Judicial Magistrate rejected the said application. The petitioner carried the matter in revision before the learned Additional Sessions Judge, Bhuj, who by the impugned order dated 11th September, 2007, dismissed the revision application, and confirmed the order passed by the learned Judicial Magistrate. Being aggrieved by the said orders, the petitioner has filed the present petition challenging the same.