V. BHUVANESWARI Vs. M. VASUKI

JUDGEMENT

(1.) This petition has been filed to set aside the order dtd. 4/1/2016 passed by the learned Judicial Magistrate, Fast Track Court No.I, Erode in C.M.P.No.8081 of 2015 in S.T.C.No.449 of 2013.

(2.) The case of the petitioner is that a private complaint was instituted by the respondent against the petitioner for the alleged offence punishable under Sec. 138 of the Negotiable Instruments Act and the same was taken on file as S.T.C.No.449 of 2013 by the learned Judicial Magistrate No.I, Erode. Pending the same, the petitioner has filed a petition in CMP.No.8081 of 2015 under Sec. 254(2) Cr.P.C seeking permission to examine the witnesses numbering 4 as mentioned in the said petition and mark certain documents through them. However, by order dtd. 4/1/2016, the trial court has partly allowed the petition by permitting the petitioner to examine the second witness alone and has partly dismissed the petition, in respect of other witnesses. Aggrieved over the same, the petitioner is before this Court with the present petition for the relief as stated supra.

(3.) Learned counsel for the petitioner submitted that to substantiate her plea that there is no legally enforceable debt, the petitioner should have examined the witnesses mentioned in Sec. 254(2) Cr.P.C petition and marked certain documents through them. However, without appreciating the petitioner's contention, the trial court has dismissed her petition seeking permission to examine the witnesses and mark the documents.