These revisions challenge the orders of the learned Judicial Magistrate, Avinashi dated 12.10.2015 passed in C.M.P.No.5237 of 2015 and C.M.P.No.5332 of 2015.
2. The petitioner is an accused in case pending trial in C.C.Nos.331 and 332 of 2003 on the file of Judicial Magistrate, Avinasi, for offence under Section 138 of the Negotiable Instruments Act. The respondent/complainant had examined one Palanisamy as PW1. Thereafter, informing that such person stood transferred, the respondent moved a petition in C.M.P.Nos.5332 of 2015 and 5237 of 2015 to eschew the evidence tendered by Palanisamy (PW1) and in his place, examine one Moses Ratinam Pillai as PW1. Upon such applications being allowed, the petitioner/accused has filed the present revisions.
3. Heard learned counsel for petitioner.
4. Though the respondent stands served, there is no representation on its behalf. Evidence once duly recorded cannot be eschewed from consideration. If the prosecution is unable to produce the witness examined in chief, certain adverse consequence may flow. It is the duty of the prosecution to produce the witness examined in chief for the purpose of cross-examination and none else can be blamed if they fail to do so.
5. For the reasons above stated, these revisions shall stand allowed and the orders of the learned Judicial Magistrate, Avinashi dated 12.10.2015 passed in C.M.P.No.5237 of 2015 and C.M.P.No.5332 of 2015 shall stand set aside. The above order is passed without prejudice to the respondent/complainant right to prove its case through examination of other witnesses. Consequently, the connected miscellaneous petitions are closed. 22.12.2015 Index:yes/no Internet:yes
1. The Judicial Magistrate Avinasi. C.T.SELVAM. J Crl.R.C.Nos.1244 and 1245 of 2015 & M.P.No.1 & 1 of 2015 22.12.2015
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