JAGDISH CHAND Vs. KARTAR CHAND

JUDGEMENT

(1.) PETITIONER is an accused in the complaint filed by the respondent under Section 138 of the Negotiable Instruments Act. The evidence in the case was led by the complainant and the accused was also examined under Section 313 Cr.P.C. Thereafter, it was detected that the complainant did not examine himself. Thus, he moved an application under Section 311 of the Code of Criminal Procedure containing therein that he had filed two complaints with respect to the two separate cheques against the accused -petitioner in the same Court. The Counsel for the complainant due to the misconception and under the wrong impression without examining the complainant closed his evidence on 11.6.2007. Therefore, he made a request for his examination which was essential and necessary for the justice of the case.

(2.) THE request was allowed and the complainant was permitted to be examined in support of his case which was assailed by filing the Criminal Revision Petition under Section 482 Cr.P.C. Since the revision petition against the impugned order was not competent, therefore, vide order dated 10.12.2008 the petition was admitted under Section 482 of the Code of Criminal Procedure for the alternative prayer therein.

(3.) I have considered the above contentions raised by the learned Counsel and have carefully examined the provisions of Section 311 Cr.P.C.