P NAGAMMA Vs. K PARAMASIVAM

JUDGEMENT

(1.) THE accused in C.C.327 of 1992 on the file of Judicial Magistrate No. 1, Pollachi has filed this petition under Sec. 482, Criminal Procedure Code to call for the records in the aforesaid case and quash the same.

(2.) SHORT facts are: The respondent has filed a complaint against the petitioner for offence under Sec.138 of the Negotiable Instruments Act (which I shall hereinafter referred to as the "Act"), in respect of the cheque dated 17. 12.1991.The case is in part-heard stage. P.Ws.1 and 2 were examined in full. P.W.3 was examined in chief. The case was posted for cross-examination. At that stage, this petition is filed.

(3.) PER contra, learned counsel for the respondent would rebut the above submissions and he would further submit that inasmuch as the case is already in part-heard stage and the number of witnesses were examined in full, it may be left to the trial court to consider the above points and decide the matter and at this stage, this court need not intervene.