IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 1ST DECEMBER 2008 / 10TH AGRAHAYANA 1930 Crl.MC.No. 4492 of 2008() ------------------------- AGAINST THE ORDER DATED 16/09/2008 IN CMP 1531/08 IN CC.248/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT, IRINJALAKUDA .................... PETITIONER: COMPLAINANT -------------------------- PARIVARTHANA KURIES PRIVATE LTD., IRINJALAKUDA,REP.BYITS CHAIRMAN K.K.SANKARA NARAYANAN,AGED 57 YEARS, S/O.KOLLARA KRISHNAN, ARIPPALAM VILLAGE,POOMAGALAM VILLAGE, MUKUNDAPURAM TALUK. BY ADV. SRI.R.VINU RAJ SRI.SOJO J.KALLIDUKIL RESPONDENT(S): ACCUSED & STATE ------------------------------ 1. ANIL KUMAR, S/O.EREKKATH GOVINDA MENON SUKRUTHAM,SANTHI NAGAR, IRINJALAKUDA. 2. STATE OF KERALA, REPRESENTED BY ' THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 01/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4492 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of December, 2008 O R D E R The petitioner is the complainant in a prosecution under Section 138 of the N.I. Act. Trial has already commenced. The petitioner has already examined PW1. He was further examined and further cross examined. The petitioner now wants PW1 to be re-called to prove certain aspects. That prayer was rejected. The petitioner has come up in challenge against the rejection of his prayer under Section 311 Cr.P.C. 2. The respondent has entered appearance. I have heard the learned counsel for the respondent. Except that already a couple of occasions were available to the petitioner to prove his case, no other serious contention is raised. I am satisfied that subject to appropriate conditions the complainant can be permitted to adduce further evidence by re-calling himself as a witness. Crl.M.C.No. 4492 of 2008 2 3. In the result: a) This Crl.M.C. is allowed. b) The impugned order is set aside. c) The petitioner shall be granted permission to re-call PW1 and examine him on condition that PW1 appears before the court below for such examination on the next date of posting and he pays an amount of Rs.500/- as cost to the respondent/accused. 4. Hand over the order. (R. BASANT) Judge tm