G.PALANI Vs. S.PANNEERSELVAM

JUDGEMENT

(1.) This is a petition filed by the petitioner challenging the order dtd. 8/2/2024 passed by the Judicial Magistrate, Polur, Tiruvannamalai District (the Court below) in Crl.M.P.No.569 of 2024 in S.T.C.No.204 of 2021 dismissing the petition filed by the petitioner under Sec. 311 of the Criminal Procedure Code to recall the respondent (PW1) for cross examination.

(2.) Heard the learned counsel for the petitioner and the learned counsel appearing for the respondent.

(3.) The petitioner is facing trial before the Court below for an offence under Sec. 138 of the Negotiable Instruments Act (for short, the Act). The respondent/complainant examined himself as PW1 in this case. The chief examination of the respondent (PW1) was over on 22/7/2022. Even though several opportunities were given to the petitioner, the respondent (PW1) was not cross examined and hence, the evidence on the side of the respondent (PW1) was closed. Thereafter, the petitioner filed Crl.M.P.No.6436 of 2022 seeking to recall the respondent (PW1) for cross examination. The said miscellaneous petition was allowed by a conditional order dtd. 6/2/2023 directing the petitioner to pay cost to the tune of Rs.1,000.00to the respondent and the petitioner also accepted to cross examine the respondent (PW1) on 13/2/2023. Further, it was made clear in the said order dtd. 6/2/2023 that the petitioner should cross examine the respondent (PW1) on 13/2/2023 without fail and in default, the said miscellaneous petition would stand dismissed.