CHAKRVARTHI Vs. RAJAVEL

JUDGEMENT

(1.) The issue involved in these petitions are common and they are taken up together and this common order is passed.

(2.) The petitioner has been arrayed as an accused in a complaint filed by the respondent before the Court below for an offence under Section 138 of the Negotiable Instruments Act. The respondent examined himself as PW1 on 26.10.2018 and marked seven documents Ex.P.1 to P7. Since he was not cross examined, the evidence of PW1 was closed. The petitioner filed a petition to recall PW1 for cross examination and the same was allowed by the Court below by an order dated 12.06.2019.

(3.) The matter was thereafter posted on 6.9.2019 and 5.12.2019 and since the respondent was not present, the petitioner was not able to cross examine him and the Court below ultimately closed the evidence on 5.12.2019.