1999 (3) TMI 647

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....ection 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "N. I. Act"), against the first petitioner firm and the second petitioner, the proprietor. The complaint was taken on file as in C C. No. 119 of 1997 by the learned Judicial Magistrate No. III, Dindigul. The copy of the power of attorney was also filed in the case. Thiru L Subramaniam, Director of limited company has given the power of attorney. The notice under Section 138 of the Negotiable Instruments Act was also issued on behalf of the proprietor of the mills to the petitioners. P.W. 1, Swami Anandan was also examined in court, P.W. 2 the personnel officer of the bank was also examined. P.W. 3 the agricultural officer was also examined. The respondent closed ....

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....nt at a belated stage. The complainant has already stepped into the shoes of the director Thiru L. Subramaniam. 6. Learned counsel for the respondent contended that Section 311 of the Code of Criminal Procedure gives wide power to examine the witness at any stage of the enquiry provided it is essential to the juxtaposition of the case. 7. Heard learned counsel of both the parties. 8. Learned counsel for the petitioners contended that the respondent cannot be allowed to examine a witness to fill up the lacuna. Already P. Ws. 1 to 3 were examined and the petitioners were also examined under Section 313 of the Code of Criminal Procedure. The respondent filed an application under Section 311 of the Code of Criminal Procedure to examine....