JUDGEMENT
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(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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