VENKATARAMANUJAM Vs. STATE

JUDGEMENT

(1.) This petition has been filed challenging the order passed by the Court below dismissing the petition filed under Section 311 of Cr.P.C. for recall and cross-examination of PW1 to PW11.

(2.) The petitioners are facing trial before the Court below for an offence under Sections 406 , 420 , 379 and 506(i) of IPC. The prosecution has examine 11 witnesses and none of these witnesses were cross-examined by the petitioners. The Court below has dismissed the petition on the ground that the petitioners have not given any valid reason for not cross-examining any of the witnesses and the petition itself has been filed only to drag on the proceedings.

(3.) The learned counsel would submit that the dispute is purely civil in nature and the petitioners already filed discharge petition before the Court below and the same was dismissed. As against the same, the petitioner filed a Criminal Revision before this Court and the same is pending in Criminal Revision No.1450 of 2017. In the mean time, the Court below has proceeded to examine 11 witnesses.