JYOTIKA BAWA Vs. KEHAR SINGH

JUDGEMENT

(1.) COMPLAINT filed by the petitioner, under Section 138 of the Negotiable Instruments Act 1881, is pending w.e.f. 25.1.1999. She allowed her attorney to depose on her behalf and closed her evidence in the year 2001. Now when the matter is matured for arguments, she moved an application under Section 311 Cr.P.C. with a prayer that she be allowed to appear as a witness, the reasoning given was that earlier, her attorney hadappeared, now law has changed and certain things, which were only in her knowledge, she be allowed to depose regarding the same. This application was dismissed. The Court below has noticed that the facts which were in the personal knowledge of the applicant, were very much there, when she permitted her attorney to appear on her behalf and furthermore, in her application, she has not stated, as to what material facts her attorney has failed to bring on record, which were necessary for proper disposal of the CRM No.15249-M of 2006 - 2 - case. This Court feels that the order passed is perfectly justified. No case is made out for interference. Dismissed.