J.S. VIDHYASAGAR Vs. V. SURESH BABU

JUDGEMENT

(1.) This petition has been filed by the petitioner under Section 482 of the Criminal Procedure Code seeking to set aside the order passed by the learned Judicial Magistrate/Fast Track Court No.II, Erode, in C.M.P.No.612 of 2012 in S.T.C.No.71 of 2011, dated 23.02.2012.

(2.) A private complaint has been filed by the respondent / complainant against the petitioner / accused under Section 138 of the Negotiable Instruments Act. During trial, when the case was posted for cross examination of D.W.1, the petitioner filed a petition under Section 311 Cr.P.C. to recall D.W.1 in order to mark some documents. The learned Magistrate dismissed the said petition. Challenging the same, the present criminal original petition has been filed.

(3.) The learned counsel for the petitioner/accused argued that the petitioner/accused has filed a petition in C.M.P.No.612 of 2012 before the learned Judicial Magistrate/Fast Track Court No.II, Erode, to recall D.W.1 for the purpose of marking certain documents mentioned in the petition therein. He has further contended that marking of the said documents are necessary to prove the case of the petitioner/accused. But, without applying the mind, the learned Magistrate has dismissed the petition holding that the documents cannot be marked at this stage. Hence, the order of the learned Magistrate has to be set aside and the petition filed under Section 311 of Cr.P.C. to recall D.W.1 has to be allowed.