(1.) The petitioner is before this Court calling in question an order dtd. 18/4/2023 passed by the concerned Court i.e., XII Additional Metropolitan Magistrate Bengaluru in C.C.No.27545/2021 whereby, the application filed by the petitioner seeking recall of witness PW1 for the purpose of further cross-examination has been turned down.
(2.) The petitioner is the accused and the respondent is complainant. The issue in transaction is now before the concerned Court in C.C.No.27545/2021. The issue in the lis does not concerned the merits of the claim of the complainant or defence of the accused. The petitioner files an application before the concerned Court under Sec. 311 of Cr.P.C, seeking recall of the respondent - PW.1 for further cross- examination. This comes to be rejected by the impugned order.
(3.) Learned counsel for the petitioner submits that, if one opportunity is granted, the cross-examination of the complainant would be complete and he would not seek any further opportunity. His submission is placed on record.