N. DHAMODHARAN Vs. B. USHA

JUDGEMENT

(1.) This revision challenges the order of the Judicial Magistrate, Fast Track Court at Magisterial level at Thiruvallur passed in C.M.P. No. 505 of 2014 in C.C. No. 327 of 2012 on 10.07.2014.

(2.) The petitioner is the accused in C.C. No. 327 of 2012 on the file of Fast Track Court at Thiruvallur, an action initiated informing offences under Section 138 of the Negotiable Instruments Act. The prosecution has examined one Syed Usain, a Bank Officer as P.W.2.

(3.) The petitioner moved a petition in C.M.P. No. 188 of 2014 seeking to recall P.W.2 for the purpose of cross examination and the same was allowed under orders dated 12.03.2014. However, P.W.2, having been in hospital and undergone an operation for brain tumour, was unable to attend the Court below. Hence, the petitioner moved C.M.P. No. 505 of 2014 informing that P.W.2 had undergone a major operation for brain tumour, such was the reason for his inability to present himself before Court and hence, his examination by appointment of Commission was necessary.