N VIJAYAKUMAR Vs. LAZAR

JUDGEMENT

(1.) The petitioner is the accused in C.C.No.96 of 2002, on the file of the Judicial Magistrate Court, Padmanabhapuram, he was examined before the Court on 13.04.2005. Opening of the chief examination goes to the effect that he delivered a cheque dated 01.10.2001 on receipt of a sum of Rs.1,00,000/- from the complainant and that the cheque produced in the case was give by him. On 12.04.2007, he filed an application before the Court under Section 311 Cr.P.C stating that he had deposed before the Court at the time of his examination that he did not hand over the cheque on 01.10.2001 after receiving Rs.1,00,000/- but it was wrongly typed in the Court as if he delivered the cheque to the complainant. By means of this mistake, his rights will be prejudiced and hence, it is to be rectified, for which it has to be recalled and examined again.

(2.) The petition was opposed by the respondent/complainant by stating that only with the intention to defeat the claim of the complainant and on an after- thought the accused filed a petition, that there was no mistake committed either on the side of typist or on the side of the accused and that he could not be recalled to change a fact already deposed before the Court.

(3.) The learned Judicial Magistrate, after hearing both the sides, dismissed the application by observing that the petition to request the petitioners has been filed after two years, that if the deposition typed in the Court were not correct, on the day itself, at the time of putting his signature, the petitioner might have pointed out the said mistake, that had he done so, the error could have been rectified on the day itself and that the request could not be entertained.