M. JAGANATHAN Vs. R. DHANRAJ

JUDGEMENT

(1.) These Criminal Original petitions have been filed challenging the orders passed by the Court below dismissing the petition filed under Sec. 311 Cr.PC to reopen and recall PW1 for further cross-examination.

(2.) The petitioner is facing trial before the Court below for an offence under Sec. 138 of Negotiable Instrument Act. The petitioner filed a petition before the Court below under Sec. 311 Cr.PC to recall PW1 on the ground that certain material points were not put to him during the course of cross-examination and therefore, one last opportunity must be given to the petitioner to further cross-examine PW1.

(3.) The Court below has dismissed the petition on the ground that the petitioner has already cross-examined PW1 and there was no reason to again recall PW1 for further cross examination. The Court below has also found that the reasons stated by the petitioner in the petition for recalling PW1, has already been put to PW1 during the cross-examination. That apart, the Court below also took into consideration the fact that the complaint is pending from the year 2004 onwards.