THIAGARAJAN Vs. K S SOMASUNDARAM

JUDGEMENT

(1.) CRL. R. C. NO. 993 of 2005 has been preferred against the order, dated 05. 07. 2005 made in C. M. P. No. 148 of 2005 in C. C. No. 123 of 2002. Crl. R. C. No. 1000 of 2005 has been preferred against the order, dated 05. 07. 2005 made in C. M. P. No. 149 of 2005 in C. C. No. 122 of 2002.

(2.) THE case was taken on file on the complaint given by the revision petitioners herein under Section 138 of Negotiable Instruments Act, on the ground that the cheque issued by the respondent herein for a sum of Rs. 3,00,000/- and Rs. 4,00,000/- respectively were dishonoured by the bank due to insufficient funds. The petitioners herein filed a petition under Section 311 of Cr. P. C. to recall a prosecution witness for the purpose of marking a document.

(3.) IN the impugned order, the trial court negatived the plea of the revision petitioners, on the ground that the petitioners might produce manipulated documents and that in the rejoinder, the petitioners has not stated anything about the document to be marked.