P. PREMAVATHI Vs. P. SELVAM

JUDGEMENT

(1.) This Criminal Revision Petition is filed to set aside the impugned order, dated 22.01.2009 passed in Cr.M.P.No.430 of 2009 in S.T.C.No.475 of 2004, on the file of the learned Judicial Magistrate No.III, Madurai.

(2.) The revision petitioner herein is an accused in S.T.C.No.475 of 2004 on the file of the Judicial Magistrate No.III, Madurai, facing charge for an offence under Section 138 of the Negotiable Instruments Act on the basis of the private complaint filed by the respondent herein. The respondent herein filed an application under Section 311 Cr.P.C. to recall P.W.1 and to examine him further and also to mark the pro-note executed by the accused on 20.03.2001. The said application was allowed by the learned Judicial Magistrate No.III, Madurai. Aggrieved by the order of the learned Judicial Magistrate No.III, Madurai, the petitioner herein has preferred this Criminal Revision Petition.

(3.) The learned counsel for the petitioner would submit that though the case was filed in the year 2004 by the complainant, for almost 5 years, the complainant had not chosen to file a pro-note, but only after the examination of the witnesses was over and at the stage of arguments, after filing the written argument by the accused only the complainant has chosen to file an application under Section 311 Cr.P.C. to recall P.W.1, in order to fill up the lacuna in the case of the complainant on 15.09.2009.