IN THE MATTER OF : GOUTAM RAY Vs. STATE

JUDGEMENT

(1.) Heard Mr. Banerjee, learned advocate appearing on behalf of the petitioner. Mr. Banerjee, learned advocate for the petitioner files supplementary affidavit on behalf of the petitioner. Let it be kept with the record. The said affidavit contains the application dated 17-05-2009 filed by the petitioner/accused for correction of deposition and re-examination of the witnesses under section 311 I. P. C.

(2.) This application is pertaining to the criminal proceeding being Complaint Case No. 691/03 under section 138 of the Negotiable Instruments Act initiated by one Ajit Pal Chowdhury against the petitioner Goutam Roy and pending in the Court of the Ld. Judicial Magistrate, 3rd Court, Sealdah. The trial court commenced the trial and examined the witnesses. After closure of the examination of the witnesses, complainant Ajit Pal Chowdhury and examination of the petitioner under section 313 Cr. P. C, the ld. trial court allowed the petitioner/accused to adduce the evidence on his behalf.

(3.) On 18-02-2009, certain documents were shown to the accused when he was deposing as defence witness. He admitted that those documents were signed by him, but had never mentioned that it was executed by him. The court inadvertently exhibited the documents entirely as exhibit 9 series. The ld. court also had made a mistake in mentioning the date in exhibit 9(3). The matter was brought to the notice of the court and the petitioner/accused filed an application under section 311 of the Code of Criminal Procedure for recalling and re-examination of the D. W. 1 for the purpose of clarification of the matter. That prayer was refused by the order impugned.