BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated:25.02.2011 Coram: The Honourable Mr. Justice C.T.SELVAM Crl.RC(MD)No.146 of 2011 and MP(MD)No.1 of 2011 Natrin Kumar :Petitioner -Vs- Subash Chandra Bose :Respondent Prayer:Criminal Revision Petition filed under Section 397 r/w 401 of Criminal Procedure Code to set aside the order passed by the Judicial Magistrate, Valliyoor in Cr.M.P.No.4293 of 2010 in S.T.C.No.784 of 2009 dated 28.01.2011. For Petitioner:Mr.AR.Jeyarhuthran For Respondent:Mr.R.M.Anbunithi,Government Advocat(Crl.Side) ORDER This Criminal Revision is preferred against the order of the learned Judicial Magistrate, Valliyoor, passed in Cr.M.P.No.4293 of 2010 in S.T.C.No.784 of 2009, dated 28.01.2011. 2.The case is one arising under Section 138 of Negotiable Instruments Act. 3.Learned Counsel for the petitioner would submit that evidence for prosecution was closed even before 30.08.2009 and the petition to re-open and recall the prosecution evidence was much delayed and moved on 27.05.2010. He would state that in doing so, the complainant had not informed the purpose. The lower Court has fallen into error in allowing the petition. 4.We find that the cross-examination of the complainant/P.W.1 has not been completed. In such circumstance, the submission of the learned Counsel for the petitioner that additional witness was sought to be examined towards filling up the lacuna in the prosecution case is not acceptable. The petitioner/accused has moved a civil action seeking a direction to the respondent to return the cheque and consequent to dismissal thereof, he has moved A.S.No.15 of 2009, on the file of the Sub-Court, Valliyoor. 5.The lower Court has found technical the error in non- mentioning of the names and particulars of the persons to be examined. It has found that the respondent/complainant has every right to put-forth his case and that the interest of justice required for reopening of the prosecution evidence. 6.This Court finds no error in the reasoning of the lower Court Accordingly, this Criminal Revision Petition stands dismissed. Consequently, the connected Miscellaneous Petition is also dismissed. Sd/- Deputy Registrar (LA) / TRUE OCPY / Assistant Registrar To: 1.The Judicial Magistrate,Valliyoor. 2.The Additional Public Prosecutor,Madurai Bench of Madras High Court,Madurai +1CC to Mr.AR.Jeyarhuthran, Advocate. SR.No.10420. Ssl Crl.RC(MD)No.146 of 2011 and MP(MD)No.1 of 2011 RP/17.03.2011/1P/4C. 25.02.2011. https://hcservices.ecourts.gov.in/hcservices/