- (1.) Present petition has been filed under Section 401 read with Section 482 of the Code of Criminal Procedure praying order dated 11th May, 2012 passed by Metropolitan Magistrate, 12th Court, Calcutta in Case No.C/460/10 under Section 138 of the Negotiable Instruments Act, be set aside.
(2.) The present petition has been filed by the accused. Briefly stated, opposite party had filed a complaint the petitioner accused under Section 138 of the Negotiable Instruments Act stating therein that the cheques issued by petitioner, on presentation, were dishonoured with the remark of insufficient fund. One Sunil Agarwal appeared as Power of Attorney Holder of the complainant propriety firm. Sunil Agarwal, during his deposition, had not stated that he is employee of the complainant company and one Anil Agarwal is the proprietor of the concerned proprietorship firm. Complainant thereafter, conclusion of evidence, filed an application under Section 311 of the Code of Criminal Procedure stating therein that Anil proprietor of the firm be examined as P.W. 2.
(3.) Vide the impugned order, Court held that since defence evidence has not commenced and the statements of the accused have not been recorded, there is no need to invoke Section 311 of the Code of Criminal Procedure as Anil Agarwal can be examined as P.W. 2 in complainant's evidence.;