O R D E R

Petitioner is the accused in S.T No.80/2019 on the files of the Judicial First Class Magistrate Court – IV, Kannur. After the evidence of the accused was closed, petitioner filed a petition under Section 311 of Cr.P.C seeking to examine the Deputy Registrar of Chits, Kannur as a witness for the defense after reopening the evidence. However, by the impugned order dated 20.09.2024, the learned Magistrate dismissed the application. Petitioner challenges the aforesaid order.

2. I have heard Sri. Abdul Raoof Pallipath, the learned counsel for the petitioner as well as Sri. C.N. Prabhakaran, the learned Public Prosecutor.

3. Petitioner is the accused in a proceeding under Section 138 of the Negotiable Instrument Act, 1881. She is alleged to have been a subscriber of a chitty, and after availing the chit payment, there was default in repayment, and therefore, they were called upon to pay the amount. The accused is alleged to have issued a cheque for Rs.35,32,200/- in satisfaction of the amounts due to the complainant, which when presented for encashment, returned dishonored. The complaint was filed after complying with the statutory requirement. After the evidence of both sides we