STATESMAN LIMITED Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Against an order passed in connection with a proceeding relating to the offence punishable under Sections 138/141 of the Negotiable Instruments Act, whereby the Trial Court has rejected the petitioner?s application under Section 311 of the Code of Criminal Procedure for examination of the bank personnel as defence witness, the petitioner has now approached this Court by moving the instant criminal revisional application.

(2.) Heard the Learned Counsels appearing on behalf of the parties. Perused the materials on record.

(3.) It appears from the submissions of the Learned Counsel of the petitioner as well as from the averment made in the petitioner?s application under Section 311 of the Code of Criminal Procedure moved before the Learned Court below that it is the case of the petitioner that P.W. 1, the authorized representative of the payee through whom the impugned complaint case has been instituted, in his cross-examination admitted that he received a demand draft equivalent to the amount of the impugned cheques as per the meeting held on June 21, 2005 but he was silent on the point of statement of accounts of his banker and has not produced anybody from the bank as a witness, though he has encashed the said draft and realized the draft amount. According to him the examination of bank personnel and production of relevant records of the bank is very much essential for just decision of the case and consequently the impugned order is liable to be quashed. On the other hand, both the Learned Counsels appearing on behalf of the opposite parties vehemently urged that the instant criminal revisional application is absolutely frivolous and the order impugned requires no interference.