S. SRINIVAS Vs. DAKSHAYINI

JUDGEMENT

(1.) THE petitioner is the accused in a proceeding initiated by the Respondent for the offence punishable under Section 138 of the Negotiable Instruments Act in C.C. No.35538/2010 on the file of the XIV Additional C.M.M., Mayo Hall, Bangalore.

(2.) THE Respondent-Complainant was examined- in-chief on 18.01.2012 and from that day, on the request of the counsel for the accused, cross-examination was being post-poned from time to time. On one occasion since cross-examination was not done, the court ordered closure of the cross-examination. However, on the application filed by the accused under Section 311 of Cr.P.C., PW.1 was ordered to be recalled and thereafter, he was partly cross-examined. On the request of the counsel for the accused, further cross-examination was being post-poned on one or the other grounds. Ultimately, on 06.08.2012, when the matter had been listed for further cross-examination of PW.1 as a last chance, the accused changed his lawyer and the new lawyer entered appearance and sought time. The request made by the counsel was not acceded to by the trial court, consequently, the cross-examination of PW.1 was closed and the matter was listed for the examination of the accused under Section 313 of Cr.P.C. At that stage, the petitioner filed one more application under Section 311 Cr.P.C. seeking recalling of PW.1 for the purpose of further cross-examination. The said application was opposed by the complainant. The learned Magistrate by the order impugned in this petition, rejected the said application. Aggrieved by the said order the petitioner has presented this petition.

(3.) I have heard both sides.