ASHAKUMAR Vs. S. VIJAYALAKSHMI 2. V.P. SHEEBA

JUDGEMENT

(1.) This Petition has been filed to set aside the order passed by the learned Judicial Magistrate, Ambattur in C.M.P. No. 4887 of 2009 in C.C. No. 2383 of 2005 and to issue appropriate direction to the learned Judicial Magistrate, Ambattur to eschew the evidence deposed by the Petitioner/witness in C.C. No. 2383/2005.

(2.) The brief facts of this case are that the 1st Respondent has filed a Complaint under Sections 138 & 142 of the Negotiable Instruments Act against the 2nd Respondent/Accused for the alleged dishonour of the cheque issued by the Accused to the Complainant and the said Complaint was numbered as C.C. No. 2383 of 2005. In that case, the Complainant was already examined and cross-examined and subsequently, it was posted for Accused evidence. Though the cheque transaction has not taken place before the Petitioner, he was stated as one of the defence witnesses and he was subjected to cross-examination. But the Petitioner found that the deposition given by him was not correctly typed. Therefore, the Petitioner has given a representation dated 7.8.2008 to the Judicial Magistrate, Ambattur to correct the same under Sec. 278 of Crimial P.C. and refused to sign the deposition. But an order was passed without correcting the deposition by the Magistrate concerned. Therefore, the present Petition is filed.

(3.) On a perusal of the order passed by the learned Magistrate, it is seen that he is only a defence side witness and at the time of examination, due to the difference of opinion arose between him and the learned Counsel for the Accused, the Petitioner refused to sign the deposition and filed a Petition under Sec. 278 of Crimial P.C. to correct the same. But the same was not corrected and an order was passed by the learned Magistrate on 3.11.2010.