K.H. NOUFAL Vs. SHARAFUDEEN

JUDGEMENT

(1.) Petitioner is the accused in S.T. No. 83/2019 on the files of Judicial First Class Magistrate Court-IV, Palakkad. The offence alleged against the petitioner is under Sec. 138 of the Negotiable Instruments Act, 1881. When PW1 was sought to be recalled for cross examination through CMP No. 89/2024 by the impugned order, the learned Magistrate dismissed the same after noticing that the petitioner was not ready to cross examine the witness. The aforesaid order is under challenged.

(2.) I have heard Shri. Sarath M.S., learned counsel for the petitioner as well as Shri. Noushad K.A., learned Public Prosecutor.

(3.) It is noticed from the impugned order that, on an earlier occasion when PW1 ought to have been cross examined, the petitioner failed to do so and subsequently an application for recall of the witness was filed which was allowed on 15/11/2023. Even thereafter, petitioner failed to cross-examine despite the presence of the witness on 19/12/2023 and again on 19/1/2024. Thus, the learned Magistrate was constrained to dispense with the cross examination of the accused under Sec. 309. Thereafter, the case was posted the statement under Sec. 313 Cr.P.C. at which juncture, the petitioner filed the application for recall of witness under Sec. 311 Cr.P.C.