IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 26TH FEBRUARY 2009 / 7TH PHALGUNA 1930 Crl.MC.No. 5038 of 2008(F) ------------------------------- CC.218/2008 of Judl. First Class Magistrate Court-II, Kasaragod. .................... PETITIONER(S): --------------- ISMILE MOODUSHEDDE AGED 32 YEARS, S/O.S.M.HAMEED, PROPRIETOR OF LATHI CHARGE (FORTNITE KANNADA NEWSPAPER) SANIA PUBLICATION, IST FLOOR, REGAL PLAZA, OPPOSITE CAMPCO MISSION STREET,MANGALORE, DAKSHINA KARNATAKA DISTRICT,KARNATAKA STATE. BY ADV. SRI.JAWAHAR JOSE RESPONDENT(S): --------------- 1. S.KRISHNA, AGED 50 YEARS S/O. SANKAPPA POOJARY,RESIDING AT KODICHAL HOUSE KADAMBAR PO, MANJESHWAR (VIA) KSARAGODE DISTRICT. 2. THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 26/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NO. 5038 OF 2008 = = = = = = = = = = = = = = = Dated this the 26th day of February, 2009. O R D E R This petition is filed with a prayer to set aside Annexure-G order and permit the petitioner to examine Sri. Harish Rao as his witness. The petitioner before the Court is the accused in C.C.218/08. The accused wanted to examine Sri.Harish Rao as a witness to prove his case. His specific contention is to the effect that he had given blank signed cheques to one Harish Rao and it is utilized by the complainant to initiate proceedings. It has been suggested in the notice as well as at the time of cross-examination of PW1 regarding that aspect. Now, the accused wants to examine the said Harish Rao to prove his case that the blank signed cheque has been given to him. It is a very material point which will strike at the root of the case and therefore interest of justice requires permission to be granted to the petitioner herein to examine Harish Rao as his witness. The technical reasons stated by the Court below will result in CRL.M.C. 5038 OF 2008 -:2:- miscarriage of justice and therefore I set aside the order passed by the learned Judicial First Class Magistrate-II, Kasaragod and allow the prayer of the present petitioner (accused) to examine Harish Rao as his witness. The Crl.M.C is allowed accordingly. Sd/- M.N. KRISHNAN, JUDGE. ul/- [True copy]