C.R. NAGEGOWDA Vs. B.K. YOGESH

JUDGEMENT

(1.) The present petitioner was accused in C. C. No. 2/2002 pending in the Court of Civil Judge and JMFC at Pandavapura (henceforth for brevity referred to as 'Court below').

(2.) The said case was filed by the respondent herein under Section 138 of the Negotiable Instruments Act. During the pendency of the said case, the present petitioner filed an application under Section 311 of Criminal Procedure Code, 1973 seeking to recall PW-1 for further cross-examination. The said application came to be dismissed by the Court below by its order dated 21.3.2018. Against the said order, the petitioner/accused has preferred this Criminal Petition.

(3.) Learned counsel for the petitioner in his argument submitted that while going through the record, it was noticed that some vital questions were required to be put to PW-1 in his cross-examination and to elicit the answers which would be given by him to those questions which are of material importance to this case, as such, there was necessity to file application under Section 311 of Criminal Procedure Code, 1973 seeking to recall the said witness.