EDWIN Vs. ASHOK KUMAR

JUDGEMENT

(1.) THE above criminal revision case has been filed praying to call for the records relating to the order made in C. M. P. No. 2806 of 2004 in C. C. No. 34 of 1999 dated 5-10-2004 on the file of the Judicial Magistrate I, Mettur and set aside the same.

(2.) THE learned counsel for the petitioner would submit that in the regular course of trial the witnesses have been examined by the Court of Judicial Magistrate I, Mettur, particularly P. Ws. 2 and 3, who are said to be the Bank Officials, since the case is one registered under Sections 138 and 142 of Negotiable Instruments Act by the respondent herein. The petitioner, who is the accused has filed a petition under Section 311 Cr. P. C. seeking to re-examine P. Ws. 2 and 3 before the trial Court.

(3.) THE learned counsel appearing on behalf of the petitioner would further come forward to say that since the signature is disputed, it is upto the otherside to take such steps to confirm the signatures as though it is not his responsibility to prove or disprove the same. Summons have been ordered for being served on P. Ws. 2 and 3, but it would not able to be served, since returned as not found in the address. In these circumstances the learned Magistrate has decided to carry on with the trial, without further straining itself for examining P. Ws. 2 and 3 the second time for the purpose that it was required by the petitioner/accused, since he has failed to serve the summons on those witnesses, so as to bring them to fore for being cross-examined sufficiently. It is under these circumstances, the lower Court has decided that it is not the duty of the prosecution to furnish their addresses, when the P. Ws. 2 and 3 have already been examined as witnesses in their official capacity and hence, considering such vital aspects it has dismissed the petition and it is against this order passed by the lower Court the petitioner/accused has come forward to file the above Criminal Revision Case on such grounds as aforementioned.