P SHANKAR Vs. C SURESH

JUDGEMENT

(1.) The petitioner herein has moved this petition for a direction to the learned Magistrate, Tambaram to take effective steps to bring the defence witness before such Court. The petitioner is the ac-cused in C.C. No. 267 of 2005 on the file of such Court and is facing prosecution for of-fence under Section 138 of the Negotiable Instruments Act.

(2.) The contention of the petitioner before the lower Court was that he had nothing to do with the complainant in the case and that the cheque had been issued by him to one Thomas for the purchase of a Car. Inform-ing such stand, the petitioner has sought to examine the said Thomas as a defence wit-ness in C.M.P. No. 12567 of 2006 before the lower Court. The petitioner had paid Rs. 36,000/-as batta towards summoning the said Thomas who was in California, U.S.A.

(3.) The petitioner complains in the present petition that though he paid the heavy amount for defence batta, the lower Court did not take effective steps to issue process for appearance of the defence witness and that the lower Court proceeded further in the case without taking such action.