K. KADRIVEL Vs. M. MOHAN

JUDGEMENT

(1.) IN this petition filed under Section 482 Cr.P.C. petitioner has sought for setting aside the order dated 02.05.2013 passed in CC No. 39042/2010 by the XVI Addl. Chief Metropolitan Magistrate, Bangalore rejecting the application filed under Section 311 Cr.P.C. and refusing to recall PW1 for cross examination. Petitioner is being prosecuted for the offence punishable under Section 138 of Cr.P.C. PW1 was examined in chief on 09.05.2011. On the request of the counsel appearing for the petitioner -accused the cross examination of PW1 was being adjourned from time to time up to 28.10.2011. Since on that day the cross examination was not proceeded with the cross examination was taken as nil.

(2.) ON the subsequent date of hearing application under Section 311 of Cr.P.C. came to be filed which came to be allowed. However, PW1 was not cross examined in spite of grant of couple of adjournments. Once again cross examination of PW1 was closed. Similar application under Section 311 of Cr.P.C., second in the series was filed and that came to be allowed, however, PW1 was not cross examined. Once again the cross examination was closed.

(3.) THE learned Magistrate having regard to the conduct of the petitioner and the dilatory tactics adopted by him in dragging on the matter for nearly two years, dismissed the application.