S RAMAIAH Vs. ANJENAYAN

JUDGEMENT

(1.) Challenging and impugning the judgment dated 15-7.2006 passed by the Judicial Magistrate, Sholingar, Vellore District, in Crl. M.P. No. 876 of 2006, this criminal revision case is focussed.

(2.) Compendiously and concisely the facts absolutely necessary and germane for the disposal of this criminal revision case would run thus: The respondent herein filed the complaint as against the revision petitioner/accused for the offence under Section 138 of the Negotiable Instruments Act. It so happened that at the first instance itself cross-examination of P.Ws.1 and 2 were not conducted, at the instance of the accused. It seems, subsequently, the accused filed application to recall P.W.2 and got him cross-examined. Thereafter, another application Crl. M.P. No. 876 of 2006 was filed to recall P. W. 1, so as to cross-examine him. In that connection, the learned Magistrate observed to the effect that even before getting recalled P.W.2, the accused could have got P.W.1 recalled and cross-examined and that there were laches on the part of the accused in co-operating with the Court for speedy disposal and accordingly dismissed the application.

(3.) Animadverting upon such order of the Magistrate, this revision is focussed on various grounds, the pith and marrow of them would be to the effect that due opportunity was not given to the accused to torpedo the case of the complainant. Section 311 of Cr.P.C. could be invoked by the accused at any stage of the proceedings and in the interest of justice, the Court could have allowed the Crl.M.P.