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Judgment
P.Somarajan, J
After the examination of the witnesses of the complainant and the accused and after the completion of the examination under Section 313 Cr.P.C, the
complainant came up with an application under Section 311 Cr.P.C. to re-open the evidence for the sole purpose of sending the disputed cheque for
expert opinion. It was filed only after six months from the date of cross examination of PW1. In fact, it was filed when the case was posted for final
hearing. Hence the application was not entertained by the learned Magistrate and dismissed the same by a detailed order, which is under challenge.
A mere perusal of the facts involved in the case and the time in which the application was submitted would prima facie show that the same was
actually intended to delay the further proceedings and it is well evident from the fact that it was filed after six months from the date of completion of
cross examination of PW1. This kind of delaying tactics cannot be permitted even for a moment. The learned Magistrate has rightly dismissed the
application. Hence. The Crl.M.C. deserves only dismissal. I do so.
Crl.M.C. is dismissed.