U RAVIKUMAR Vs. FOODS FATS AND FERTILIZERS LTD

JUDGEMENT

(1.) THIS revision is filed against the order, dated 08. 02. 2007, passed by the VIII Metropolitan Magistrate, george Town, Chennai, in M. P. No. 3733 of 2006 in C. C. No. 4478 of 2001.

(2.) PETITIONER is accused in the calendar case, which has been taken on file on the strength of dishonour of a cheque, allegedly delivered by the accused to the respondent. The case is in part-heard stage. The accused, pursuant to the questioning under Section 313 (1) (b)Cr. P. C. , filed a petition in M. P. No. 3733 of 2006 under section 311 Cr. P. C. , requesting to examine the witnesses, namely, (i) M. J. Jeseem Mohammed, counsel for the complainant, who received the amount from the accused on behalf of the complainant; (ii) Manager, Corporation Bank, armenian Street, Chennai, and (iii) Manager, State Bank of india, Main Branch, Chennai, who issued certificates of payments. The said petition was stiffly opposed by the respondent/complainant, on the ground that examination of counsel for the complainant by defence was nothing but an abuse of process of law and against the provision under section 126 of the Indian Evidence Act.

(3.) AFTER hearing both the parties, the trial Court allowed the petition in part, permitting the petitioner to examine the Bank Managers and turning down the request for examination of the counsel on record for the complainant.