P BASKAR Vs. J MURUGAN

JUDGEMENT

(1.) THE revision petitioner herein is an accused in C.C.No.298 of 2006, on the file of the Judicial Magistrate IV, Vellore and the respondent herein is the complainant who filed a complaint against the accused under Section 138 of the Negotiable Instruments Act. After questioning under Section 313 Cr.P.C., was over, the petitioner wanted to examine the defence witness and filed a list containing names of seven persons to be examined as witnesses. THE petitioner also prayed for issuance of summons to those witnesses. THE objection was also filed by the complainant. THE learned Judicial Magistrate IV, Vellore passed an order refusing to issue summons to the defence witness. Aggrieved by the order of the learned Judicial Magistrate, the petitioner preferred this criminal revision.

(2.) THE learned counsel for the petitioner submitted that the petitioner had no liability and in order to prove that he wanted to examine seven persons as defence witnesses. According to the petitioner, the cheques were given only as a security to the retiring partners in the business owned by the petitioner. But the cheques have been misused. One of the witnesses cited is one Rajaraman who is the clerk of the complainant-s brother. THE learned counsel further submitted that the accused must be given an opportunity to prove his case and the refusal by the learned Magistrate to issue summons to the defence witness caused prejudice to the accused.

(3.) THIS court considered the submissions made by both parties and perused the records.