LAKHI PRASAD SHAW Vs. STATE OF WEST BENGAL
LAWS(CAL)-2010-9-74
HIGH COURT OF CALCUTTA
Decided on September 15,2010

LAKHI PRASAD SHAW Appellant
VERSUS
STATE OF WEST BENGAL Respondents


Referred Judgements :-

KALYANI BASKAR VS. M S SAMPORNAM [REFERRED TO]
T NAGAPPA VS. Y R MURALIDHAR [REFERRED TO]


JUDGEMENT

- (1.)The present revisional application is directed against order dated 16.04.2009 passed by the Learned Metropolitan Magistrate, 9th Court, Calcutta in Case No. C-3575 of 2001 under Section 138 of the Negotiable Instruments Act rejecting prayer of the accused petitioner made under Section 311 Cr.P.C. for examination of 4 defence witnesses for just decision of the case.
(2.)Learned lawyer for the petitioner submits that in his application under Section 311 Cr.P.C. filed after closing of defence evidence on 31.03.2009 while the case was fixed for argument on 08.04.2009, the petitioner made a prayer under Section 311 Cr.P.C. for allowing him to examine following 4 witnesses:-
i) Mr. Shamim, the person who had taken blank cheque leaf from the petitioner:

ii) Witnesses to test the authenticity of the purported certificate by the Motor Vehicles Department District Transport Office, Mukukchung, Nagaland;

iii) The Deutche Bank;

iv) Government Handwriting Expert to examine the signature on impugned cheque and purported Hire Purchase Agreement.

(3.)While considering such prayer the Learned Trial Court by order dated 16.04.2009 has rejected the prayer on the following groungds:-
a) In Criminal Revision No. 126 of 2007 the accused petitioner was given last opportunity to adduce himself as DW;

b) As per findings of the Learned Chief Judge, City Sessions Court in the said Criminal Revision No. 126 of 2007 the accused is not entitled to get any further opportunity to tender other witness as expert himself;

c) As regards examination of handwriting expert such prayer was earlier reejcted by the Learned Trial Court under order dated 23.08.2007 and subsequently confirmed by the order of the Learned Chief Judge, City Sessions Court, in the said revisional application and as such the same has reached its finality and cannot be reopened;

d) So far as the prayer for examining Mr. Shamim is concerned, the Learned Trial Court is of the view that as per available evidence on record and findings made by the Learned Chief Judge, City Sessions Court made in the said revisional application there is no scope for reconsideration of the same prayer by the Court below;

e) So far as two other points are concerned, i.e., witness to test the authenticity of certificate issued by the Motor Vehicle Department, Nagaland and examination by officials of the Deutche Bank, the Learned Trial Court is of the view that the same is not relevant for the purpose of the case; AND

f) The petition has been filed only to drag the case since the claim of the accused has already been decided by the revisional Court.



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