KUMAR MUSADDI Vs. STATE

JUDGEMENT

(1.) Present petition has been filed under Section 401 read with Section 482 of the Code of Criminal Procedure praying order dated 11th May, 2012 passed by Metropolitan Magistrate, 12th Court, Calcutta in Case No.C/460/10 under Section 138 of the Negotiable Instruments Act, be set aside.

(2.) The present petition has been filed by the accused.

(3.) Vide the impugned order, Court held that since defence evidence has not commenced and the statements of the accused have not been recorded, there is no need to invoke Section 311 of the Code of Criminal Procedure as Anil Agarwal can be examined as P.W. 2 in complainant's evidence.