T. FRANCIS NELSON Vs. N. SIVAKUMAR RAJAPRABHU

JUDGEMENT

(1.) This petition has been filed challenging the order passed by the Court below dismissing the application filed under Section 311 Cr.P.C, to recall P.W.I for cross examination.

(2.) The respondent filed a complaint against the petitioner for an offence under Section 138 of Negotiable Instruments Act. The respondent examined himself as P.W.I. He was not cross examined and hence his evidence was closed. The petitioner filed an application under Section 311 Cr.P.C, to recall P.W.I for cross examination and this application was allowed by the Court below. Thereafter, the petitioner partially cross examined the respondent. The matter got adjourned for nearly 15 hearings and ultimately the Court below closed the evidence of P.W.I.

(3.) At this juncture, the petitioner filed yet another application under Section 311 Cr.P.C, in CMP.No.1059 of 2020 to recall P.W.I for cross examination and this application came to be dismissed by the Court below by an order dated 22.12.2020. Aggrieved by the same, the present petition has been filed before this Court.