(1.) PETITIONER filed a complaint under Section 200 CRPC for the offence punishable under Section 138 of Negotiable Instruments Act. The jurisdictional Magistrate had taken cognizance of the case in C.C. No. 32069/2000. Petitioner examined one witness as PW. 1 and he was fully cross examined. Thereafter, the respondents examined one witness as DW. 1 and produced certain documents. When the matter was set down for arguments respondents filed an application to recall PW. 1. Under the impugned order the Trial Court allowed the application subject to certain terms. Therefore, the petitioner is before this court. It is seen from the record that after completion of evidence of PW. 1, respondents filed an application to recall PW. 1 and the same came to be rejected vide order dated 6.4.2009. This order had become final and binding on the parties. Thereafter Section 313 statement was recorded and evidence on the side of the respondents was also recorded. When the matter was set down for arguments, again respondents filed an application to recall PW. 1. Under the impugned order the Trial Court allowed the application without considering the earlier order and its impact. It is seen from the record that the private complaint was filed in the year 1999 and evidence on both the side is completed. The earlier application filed by the respondents for recalling PW. 1 was rejected. Therefore, the second application to recall PW. 1 is not maintainable. The Trial Court committed illegality in allowing the second application. For the reasons stated above the following: ORDER i) Petition is hereby allowed. ii) The impugned order dated 16.7.2009 as per Annexure -A -is hereby set aside. iii) The Trial Court to proceed and decide the matter in accordance with law.