N. ABIMANNAN Vs. A. SANKARA NARAYANAN

JUDGEMENT

(1.) This petition has been filed challenging the order passed by the Court below dismissing the application U/s.311 of Cr.P.C. to recall PW1 and to mark certain documents.

(2.) The petitioner is the complainant before the Court below and he has filed a complaint against the respondent for an alleged offence U/s.138 of Negotiable Instruments Act. The complainant had examined himself as PW1 and had also marked certain documents. He was cross-examined and thereafter, the evidence on the side of the complainant was closed. The respondent was questioned U/s.311 of Cr.P.C and the case ultimately reached the stage of final arguments.

(3.) At this stage the petitioner / complainant filed an application U/s.311 of Cr.P.C. to recall PW1 for the purpose of marking certain bank statements. This application was filed on the ground that the complainant wants to establish the fact that he had sufficient financial wherewithal to give loan to the respondent during the relevant point of time.