M. Sasidharan Nambiar, J.@mdashPetitioner is the accused in C.C.284/2009 on the file of Judicial First Class Magistrate''s Court-IV, Punalur taken cognizance for the offence u/s 138 of Negotiable Instruments Act on a complaint filed by the respondent. This petition is filed under Article 227 of the Constitution of India for a direction to the Magistrate to allow Ext.P4 witness list dated 2.7.2010. The case of the petitioner is that though evidence of two more witness is necessary for the defence, the Magistrate without considering the same posted the case for arguments to 14.7.2010 and therefore the Magistrate is to be directed to receive the witness list and examine the witness.
2. Learned Counsel appearing for the petitioner and respondent were heard.
3. If the case is posted for arguments without permitting the petitioner to examine the witness, his remedy is to file an application before the learned Magistrate to reopen the evidence and examine the witness. If such an application is filed and it was dismissed, he has to challenge that order. There cannot be a direction to the Magistrate to receive the witness list as sought for. Granting liberty to the petitioner to challenge the order if any passed by the learned Magistrate to reopen the evidence, the Writ Petition is dismissed.
