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Judgment
Dr.Kauser Edappagath, J
Ext.P4 order passed by the Judicial First Class Magistrate Court-II, Muvattupuzha is under challenge in this original petition.
The petitioner is the accused and the respondent is the complainant in C.C.No.52/2023. The offence alleged is under Section 138 of the Negotiable Instruments Act. The complainant was examined as PW1. Thereafter, the complainant filed Ext.P2 witness list to issue summons to three witnesses to prove his case. The accused strongly opposed that application. Ext.P3 objection has been filed. However, the learned Magistrate allowed the petition and issued summons to the witnesses. Now the case stands posted to 21.12.2024. It is challenging the said order, the accused has approached this Court.
I have heard the learned counsel for the petitioner.
Section 311 of Cr.P.C (Section 348 of BNSS) gives wide power to the court to summon any witness, any time and to examine the witness if it is necessary for the just decision of the case. The learned Magistrate found that the examination of the witnesses is necessary. Hence, I see no reason to interfere with Ext.P4 order.
The learned counsel for the petitioner Smt. Letha M.S submitted that the witness list does not disclose for what purpose they are going to be examined. The learned counsel further submitted that unless all the witnesses are examined together on the same day, the accused will be in hardship. I find some force in the said submission. Hence, the learned Magistrate is directed to examine all the witnesses together on the same day.
The original petition is disposed of as above.