DATTATREY Vs. MANJUNATH NAGAPPA BHAT

JUDGEMENT

(1.) Being aggrieved by rejection of his application filed under Sec. 311 of Cr.P.C, to recall PW.1 for further cross examination, petitioner who is accused before the trial Court has filed this petition under Sec. 482 of Cr.P.C, with a prayer to provide him one more opportunity to further cross examination PW.1 by allowing his application filed under Sec. 311 of Cr.P.C.

(2.) It is the case of the petitioner that, alleging that petitioner has issued a cheque for Rs.1,25,000.00 towards legally recoverable debt and that it came to be dishonored on the grounds of insufficient funds, respondent filed complaint in PCR No.72/2013 and after taking cognizance it was registered in CC No.254/2021. With a prayer to recall PW.1 for further cross examination, petitioner filed application under Sec. 311 of Cr.P.C. However the same is rejected, mainly on the ground that the affidavit is dtd. 27/11/2013.

(3.) During the course of arguments, learned counsel for the petitioner submits that one more opportunity be given to the petitioner to further cross examine PW.1.