P.T. Joseph vs K.K. Rajappan and Another

K.A. Abdul Gafoor, J.—Annexure-A order was passed by the Judicial First Class Magistrate, Pala in a proceedings under the Negotiable Instruments Act. It was at a stage when the defence evidence was over and the case was posted for hearing. Annexure-A was challenged in a revision before the Sessions Judge, Kottayam. It was dismissed as per Annexure-B. Therefore, this petition u/s 482 of the Cr. P.C. Section 311 of the Code of Criminal Procedure enables a Court to collect further evidence by resummoning a witness or any person at any stage of the enquiry, trial or other proceedings. There was a trial in this case. The trial will come to an end. When the case is posted for judgment. In this case, the case is only posted for argument. Therefore, it has not reached such a stage in terms of Section 353 of the Code. The trial had not been terminated. When the trial had not been terminated the Magistrate can invoke the power u/s 311 of the Code. That is what had been done in Annexure-A. Consequently dismissal of the revision-petition cannot be said to be faulty. Crl. M.C. is dismissed.