D JAGADEES AND CO Vs. SHREE PERIYANDAVAR FABRICS

JUDGEMENT

(1.) The complainant in C.C.No.422/2000, aggrieved by the order passed by the Judicial Magistrate No.II, Erode, in Crl.M.P.No.927/02, refusing to recall P.W.1, for further examination, has preferred this petition, seeking appropriate relief, after setting aside the said order dated 7.3.2002.

(2.) The petitioner herein as complainant, filed a private complaint before the Judicial Magistrate No.II, Erode, against this respondent, for the alleged offence under Section 138 of Negotiable Instruments Act, on the ground that the accused respondent, though issued a cheque to discharge the liability, the same was not honoured when presented for collection and even after the issue of notice, no payment was made and in this view, he should be dealt with accordingly.

(3.) The accused, since opposed the claim of the petitioner, the trial took place, and during the trial, it seems, the complainant was examined as P.W.1, marking certain documents also. Thereafter, in order to strengthen the case of the prosecution, the complainant has filed a petition under Section 311 Cr.P.C., for his recalling and to mark some more documents. This petition was opposed by the accused respondent, as if the same was filed, to fill up the laches or lacuna of the prosecution and therefore, allowing the same, would cause prejudice or injustice to him.