G.KALAISELVI Vs. THIRUVALLUVAN

JUDGEMENT

(1.) This petition has been filed seeking to set aside the order made in Cr.M.P.No.355 of 2019 in C.C.No.176 of 2010 on the file of the learned Judicial Magistrate No.1, Trichy, dated 21.01.2019 and allow the petitioner herein to examine her side witness.

(2.) This case, on the face of it, may not deserve any sympathy to the petitioner as her previous conduct as disclosed in the impugned order dated 21.01.2019 in Cr.M.P.No.355 of 2019. The case under Section 138 of Negotiable Instruments Act, was registered against the petitioner in year 2010 and the petitioner appeared to have been invented every dilatory practices in her kitty. Now, the case is posted for judgment on 19.02.2019. Presently, the petitioner has come forward with a petition under Section 311 Cr.P.C., for examining her husband and the said petition came to be dismissed. Seeking to set aside the order passed therein disallowing the permission to the petitioner to examine her husband, the present petition is filed.

(3.) Heard the learned counsel for the petitioner and the learned counsel appearing for the respondent. This Court has paid its anxious consideration to the submissions made on either side.