JAFFERULLA Vs. K RAJENDIRAN

JUDGEMENT

(1.) This Criminal Original Petition has been filed challenging the order passed by the Court below, altering the Summary Trial Case filed under Section 138 of the Negotiable Instruments Act, into a Calender Case for offence under Sections 406, 420, 467, 468 and 471 of IPC.

(2.) The petitioner along with his mother were facing a private Complaint filed by the respondent under Section 138 of the Negotiable Instruments Act. The respondent was examined as PW-1 and 7 documents were marked and the case was thereafter adjourned. The learned Magistrate on 26.10.2018, proceeded to dismiss the complaint insofar as the accused A-1 viz; the mother of the petitioner is concerned under Section 203 of Cr.P.C and altered the charges and converted the case into a Calender Case against this petitioner for an offence under Sections 406, 420, 467, 468 and 471 of IPC. While doing so, the Court below took into consideration the deposition of PW-1 made while he was examined in chief to the effect that this petitioner had borrowed the amount from the complainant and had issued the cheque, and later the complainant came to know that this petitioner had misused the cheque of his mother by forging her signature in the cheque, and therefore the Court below came to a conclusion that the mother of the petitioner did not commit any offence.

(3.) The learned counsel for the petitioner submitted that PW-1 was not even cross examined by the petitioner and the Court below has proceeded to alter the charges merely based on the statement made by PW-1 while he was examined in chief. The learned counsel further submitted that the Court below ought to have altered the charges only after giving an opportunity to the petitioner as contemplated under Section 216 (2) of Cr.P.C and this procedure has not been followed by the Court below.