H PRINCE HASTINGS Vs. R VENKATESH

JUDGEMENT

(1.) This Criminal Original Petition has been filed to call for the records in Cr.M.P.No.3139 of 2018 in S.T.C.No.215 of 2008 on the file of the learned Judicial Magistrate No.1, Tirunelveli and set aside the order dated 11.06.2018 passed therein.

(2.) According to the petitioner, he has filed an application under Section 311 of Cr.P.C., to recall P.W.1 for cross examination. However, the said application was dismissed by the Court below and challenging the same, this petition has been filed.

(3.) The learned counsel appearing for the petitioner submitted based on a private complaint given by the respondent herein against the petitioner, a case was registered for the offence under Section 138 of Negotiable Instruments Act, 1881 and the same is now pending in S.T.C.No.215 of 2008, before the learned Judicial Magistrate No.1, Tirunelveli. He would further submit that as per the provision under Section 311 Cr.P.C., the petitioner, at any stage, can file application before the concerned Court to recall the witnesses.