G.MARYS KEINA FLOUERIN Vs. V.SUBBURAJ

JUDGEMENT

(1.) This petition has been filed by the petitioner seeking to set aside the order passed in Crl.M.P.No.2461 of 2018, dated 08.06.2018, in C.C.No.49 of 2015 on the file of the Judicial Magistrate No.II, Sattur dismissing the petition to recall PW1/complainant.

(2.) The learned counsel for the petitioner would submit that the petitioner is the accused in C.C.No.49 of 2015 pending on the file of the Judicial Magistrate No.II, Sattur, for the offence punishable under Section 138 of Negotiable Instruments Act. The learned counsel further submits that since the settlement talks were going on between the parties, the petitioner was unable to cross examine PW1/Complainant in this case. She would further submits that two cheques were given by the petitioner to the respondent/Complainant, out of which one cheque was presented by the respondent himself and another one was presented through his friend and another C.C.No.659 of 2017 had been filed by his friend before the Judicial Magistrate, Sivakasi. Since the respondent refused to withdraw both the complaints, the settlement talks did not fructify and the petitioner had no option except to recall the petitioner and cross examine him. She would further submit that if one more chance is not afforded to the petitioner to recall and cross examine PW1, it would be a case of no defence resulting in grave prejudice to the petitioner.

(3.) The learned counsel for the respondent would vehemently oppose the petition stating that earlier on a petition filed by the petitioner to recall PW1 the trial Judge had passed an order to permit the petitioner to recall the PW1 and that the petitioner had failed to avail the opportunity granted to her and thereafter this second petition has been filed and the learned Judge finding that without availing the opportunity granted to the petitioner earlier she has come forward with this petition only with an intention to drag on the proceedings, had dismissed the petition.