C.BALU Vs. R.M.MEIYAPPAN

JUDGEMENT

(1.) This petition has been filed challenging the order passed by the Court below dismissing the petition filed by the petitioner filed under Section 311 of Cr.P.C to re-call and cross examine P.W.1.

(2.) The petitioner is facing trial before the Court below for an offecne under Section 138 of Negotiable Instruments Act. The complainant examined himself as P.W.1 on 27.01.2017. Sufficient opportunities were given to the petitioner to cross examine P.W.1 2 and since the petitioner did not cross examine P.W.1, the evidence was closed on 02.03.2018. In the mean time, the petitioner did not appear before the Court. Therefore, non bailable warrant was also issued against him and the same was re-called later. When the case was at the stage of questioning under Section 313 of Cr.P.C, again the petitioner failed to appear before the Court and non bailable warrant was again issued against the petitioner and was later re- call. It is seen that non bailable warrant was issued against the petitioner at least three times during the pendency of the proceedings.

(3.) The Court below took into consideration all these facts and also the conduct of the petitioner and proceeded to dismiss the petition by giving sufficient reasons.