RAM GOPAL GUPTA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This revision under Sec. 397/401 of Cr.P.C has been filed assailing the order dtd. 25/7/2022 (Annexure A/1), passed by the 4th ASJ, Satna in S.T.No.161/2016, whereby an application under Sec. 311 filed by the prosecution has been allowed and alleged bankers cheques on which manipulation is stated to have been made are summoned along with witnesses for exhibiting the same in evidence.

(2.) Learned counsel for the applicant has submitted that in the year 2016 S.T.No.161/16 (State of M.P. Vs. Ramgopal Gupta) for commission of offence under Sec. 420, 467, 468, 469, 471 and Sec. 409 of IPC was transferred to the Court of 3rd ASJ by Sessions Judge, Satna for trial. Charges were framed long back in 2016. After closure of the prosecution evidence defence closed its evidence on 9/1/2020 and case was fixed for final arguments for 24/1/2020. It is submitted that in a period of more than two and a half years final arguments were not heard in the meantime. On 9/6/2022, prosecution moved an application under Sec. 311 of Cr.P.C. which was allowed by the impugned order and prosecution was permitted to summon the original bankers cheques along with witnesses Babulal Kumre PW3 who was examined and cross-examined 5 years back on 27/9/2017 for further evidence.

(3.) It is also the contention of learned counsel that earlier applicant had moved an application under Sec. 311 of Cr.P.C on 9/10/2018 for recalling of witness Babulal PW3 but same was dismissed by the trial Court on the ground that witness was examined long back and therefore, there is no need of his re-examination vide order dtd. 24/12/2018. It is urged that when application filed by accused was dismissed long back, learned trial Court ought not to have allowed the application filed by the prosecution to fill up the lacuna. Thus, he has prayed for the quashment of the impugned order dtd. 25/7/2022 (Annexure A/1).