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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. Dias, J
Leena Roy – Appellant
Versus
State of Kerala – Respondent
| Table of Content |
|---|
| 1. summary of trial court's refusal to allow cross-examination. (Para 1 , 2 , 3 , 4) |
| 2. high court's discretionary power to grant final opportunity for evidence testing. (Para 5 , 6 , 7 , 8) |
ORDER
Dated this the 22nd day of June, 2026
1. The petitioner is the accused in C.C.No.1242/2022 on the file of the Court of the Judicial First Class Magistrate-III, Muvattupuzha (‘Trial Court’, for short), which is registered on the basis of a complaint registered by the 2nd respondent alleging the commission of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 ( N. I. Act, for short).
2. The petitioner has stated in the Criminal Miscellaneous Case (Crl.M.C., for brevity) that the 2nd respondent was examined as PW1 and three of other witnesses were examined as PWs 2 to 4. The chief examination of all the witnesses were completed and the case was posted for the cross-examination of PWs 1 to 4. The testimonies of the above witnesses are intrinsically connected. In order to have an effective and meaningful examination of the witnesses, the petitioner filed C.M.P. No.1/2026 before the Trial Court seeking permission to cross-examine PWs1 to 3 on the very sa
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