LAWS(KAR)-2023-2-332

YOGESH K. Vs. SWAMIGOWDA S.J.

Decided On February 21, 2023
Yogesh K. Appellant
V/S
Swamigowda S.J. Respondents

JUDGEMENT

(1.) The petition filed by the petitioner accused under Sec. 482 Cr.P.C for quashing the order in C.C.No.423/2021 for having rejected the application filed by the petitioner under Sec. 311 of Cr.P.C.

(2.) Case of the petitioner is that the respondent filed a private complaint under Sec. 138 of the Negotiable Instruments Act for dishonour of the cheque issued by the petitioner.

(3.) After taking cognizance, the petitioner appeared and the Trial Court posted the matter for cross examination and recorded the statement under Sec. 313 of Cr.P.C and the petitioner not chosen to cross examine the witness. Hence, I.A. was filed for recalling PW1. Once, it was allowed and the second time it was rejected. Hence, the petitioner is before this Court.