CHENNAI COVAI LOGISTICS Vs. S EGYASAMY

JUDGEMENT

(1.) The petitioners herein are the accused in S.T.R. No. 581 of 2008 on the file of the learned Judicial Magistrate No. III, Salem and they are facing charge under Section 138 of the Negotiable Instruments Act. After the complainant examining his witnesses, the accused were questioned under Section 313 Cr.P.C. Afterwards, the evidence on the side of the defence was closed and the arguments of both sides were heard and the case was posted for Judgment on 08.06.2010. On 08.06.2010, the learned Magistrate had reopened the case for further examination of the accused under Section 313(1)(b) of Cr.P.C. and adjourned the case to 11.06.2010. Aggrieved by the above same, the petitioners herein have preferred this Criminal Revision.

(2.) The learned Counsel appearing for the petitioner submits that after the evidence on the side of the defence was over and also after hearing the arguments of both sides, reopening the case for questioning under Section 313 Cr.P.C. is not permissible in law and it would cause grave prejudice to the accused. The learned Magistrate ought to have put all the incriminating materials and questioned the accused after the examination of all the prosecution witnesses and it is not fair on the part of the learned Magistrate to comply with the procedure under Section 313(1)(b) of Cr.P.C. in piecemeal.

(3.) This Court has considered the submissions made by the learned Counsel appearing for the petitioner and also perused the materials available on record.