Single judge in a criminal writ petition dismissed the applicant's petition under Article 222 of Cr.P.C., holding that substantial compliance under Section 204 Cr.P.C. is met despite the initial omission of witness list.
Petition stands dismissed summarily.
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[1]
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 399 OF 2007.
Naremdra Prasad Jaiswal ..Applicant
V/s
Smt. Aruna Kiran Choudhari
And Anr. ..Respondents.
Mr. D.C. Mishra, Advocate for the applicant.
Mr. D.P.Adsule, APP for the State.
CORAM : J.H. BHATIA, J.
DATE : 5TH APRIL, 2007.
P.C.
. The complaint was filed by respondent No.1 under
Section 138 Negotiable Instruments Act. However along
with the complaint, the list of the witnesses was not
given. The application was made by the accused to
recall the process on the ground that the list of
witnesses was not given with the complaint. application
came to be rejected. He filed revision application
before the Sessions Court, which also came to be
rejected holding that merely because the list of the
witnesses is not given with the complaint, it does not
mean that the complainant cannot give list of witnesses
later on. The learned Additional Sessions Judge noted
that the complaint clearly reveals as to what would be
[2]
the nature of evidence of the complainant and who would
be the witnesses and if it was so there is substantial
compliance of section 204 of Cr.P.C. I find no
substance in the petition to invoke extra ordinary writ
jurisdiction.
2. Petition stands dismissed summarily.
(J.H. BHATIA, J.)
1 issue framed by the court
Whether the non-inclusion of witness list with the complaint under Section 138 of the Negotiable Instruments Act violates Section 204 of Cr.P.C.
2 provisions across 2 enactments
Naremdra Prasad Jaiswal
Smt. Aruna Kiran Choudhari
J.H. Bhatia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court