Dismissed

P.v.C.Mujeeb Rahiman v. Muhammed P.P

Kerala HC3 Sept 2014Crl.Rev.Pet/753/2014

Case brief

AI extract

What is this about?

In this criminal revision petition, the High Court of Kerala upheld the Magistrate's dismissal of an application filed by a complainant under Section 138 NI Act to submit an additional affidavit before cross-examination. The court held that once an affidavit is accepted, further matters can only be raised during re-examination after cross-examination.

What did the court decide?

The application for an additional affidavit was rightly dismissed by the lower court.

P.v.C.Mujeeb Rahiman Vs Muhammed P.P — Cheque Dishonour | Kerala HC (2014)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE P.UBAID

¶4

WEDNESDAY, THE 3RD DAY OF SEPTEMBER 2014/12TH BHADRA, 1936

¶5

Crl.Rev.Pet.No. 753 of 2014 ()

¶6

CMP 34/2014 of JUDICIAL FIRST CLASS MAGISTRATE COURT-II (MOBILE)KOZHIKODE

¶7

===============

¶8

REVISION PETITIONER/PETITIONER/COMPLAINANT:

¶9

P.V.C.MUJEEB RAHIMAN

¶10

S/O.ABDUL ALI, CHERUKUNNATH HOUSE, VALIYAPARAMBU P.O. PULIKKAL, AANTHERKUNNU, MALAPPURAM.

¶11

BY ADV. SRI.SUNNY MATHEW

¶12

RESPONDENTS/RESPONDENT/ACCUSED AND STATE:

¶13

1. MUHAMMED P.P., S/O.IBRAHIM KANHIRAMOZHI, KALLURUTTY P.O. KOZHIKODE.

¶14

2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.

¶15

R2 BY PUBLIC PROSECUTOR SMT. BINDU GOPINATH

¶16

THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 03-09-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶17

¶18

P. UBAID, J.

¶19

Crl.R.P. No. 753 Of 2014

¶20

Dated this the 3^rd day of September, 2014

¶21

O R D E R

¶22

Dismissal of an application made by the complainant for accepting additional affidavit in lieu of examination in chief is under challenge in this revision. Revision petitioner is the complainant in Section 138 of the Negotiable Instruments Act prosecution before the Judicial First Class Magistrate Court-II (Mobile), Kozhikode. He filed affidavit in lieu of examination in chief, and the complainant is yet to be cross examined by the defence counsel. Before cross examination of the complainant by the defence counsel, the complainant filed application as CMP No. 34/2014 with a prayer to receive additional affidavit in lieu of examination in chief. The said application was dismissed by the learned Magistrate on the ground that such an affidavit cannot be received.

¶23

On perusal of the impugned order, I find that the application was rightly dismissed by the learned Magistrate.

¶24

¶25

Crl.R.P. No. 753/2014

¶26

Once affidavit filed in lieu of examination in chief as accepted, the complainant can bring further matters only by way of reexamination, after cross examination is over. No doubt, the complainant will get an opportunity after he is cross examined by the defence. If anything new is brought out in re-examination

¶27

with the permission of the court, it will be subject to further cross examination by the defence.

¶28

With this observation, this Crl. R.P. is disposed of.

Sd/-

P. UBAID, JUDGE

// TRUE COPY // P.A. TO JUDGE

P.v.C.Mujeeb Rahiman v. Muhammed P.P

Case brief

What is this about?

What did the court decide?

P.v.C.Mujeeb Rahiman v. Muhammed P.P

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Lissy Vs State of Kerala

Anfar Vs State of Kerala

Biju Vs the State of Kerala

Fysal Eroth Vs N.P.C. Aboobacker

C. Ramesan Vs Salim.S.

Chandrasekharan Vs Palode Co-Operative Agricultural