M V KRISHNAMURTHY Vs. KALA MINES & MINERALS

JUDGEMENT

(1.) The petition is filed to challenge the judgment and order of Criminal Revision Application No. 102/2011, which was pending in the Court of Additional Sessions Judge, Mapusa. This revision was filed by the petitioner to challenge the order made by the learned J.M.F.C., Panaji, in Criminal Case No. 860/2004/D. Application was moved by the petitioner for recalling the complainant, as the petitioner, accused wanted to further cross examine the complainant in respect of some document. This application is rejected by the learned J.M.F.C. and the order is confirmed by the learned Addl. Sessions Judge.

(2.) The submissions made show that the accused wants to prove that the complainant from the case filed under section 138 of the Negotiable Instruments has filed one more case no. 180/2005 in the Court of JMFC, Margao. In that case also the same cheque is mentioned as one of the circumstance. The said complaint is filed for the offence punishable under sections 420, 406 etc. In that case also, the petitioner is one of the accused. The petitioner wants to prove that by using the same cheque, complainant has filed two complaints.

(3.) The Learned counsel for the respondent/complainant makes a statement that if the accused produces certified copy of the complaint in the proceeding, the complainant will not dispute the genuineness of the document and will give no objection for giving exhibit to the document. In any case, in view of the statement made by the learned counsel for the complainant, there is no meaning in pursuing the present petition or considering the challenge against the orders made by the learned JMFC and the learned Addl. Sessions Judge. In the result the petition is disposed of as dismissed. Stay granted is vacated. Both sides to appear before the learned JMFC on 26/2/2014 at 10. a.m.