SYAMAL KANTI CHAKRABARTI, J.

1. The present revisional application is directed against order dated 16.04.2009 passed by the Learned Metropolitan Magistrate, 9th Court, Calcutta in Case No. C-3575 of 2001 under Section 138 of the Negotiable Instruments Act rejecting prayer of the accused petitioner made under Section 311 Cr.P.C. for examination of 4 defence witnesses for just decision of the case.

2. Learned lawyer for the petitioner submits that in his application under Section 311 Cr.P.C. filed after closing of defence evidence on 31.03.2009 while the case was fixed for argument on 08.04.2009, the petitioner made a prayer under Section 311 Cr.P.C. for allowing him to examine following 4 witnesses:-

i) Mr. Shamim, the person who had taken blank cheque leaf from the petitioner:

ii) Witnesses to test the authenticity of the purported certificate by the Motor Vehicles Department District Transport Office, Mukukchung, Nagaland;

iii) The Deutche Bank;

iv) Government Handwriting Expert to examine the signature on impugned cheque and purported Hire Purchase Agreement.

3. While considering such prayer the Learned Trial Court by order dated 16.04.2009 has rejected the prayer on