A.BALAMURUGAN Vs. J.RAJA MOHAMED

JUDGEMENT

(1.) The present petition is filed to set aside the order of the learned Judicial Magistrate, Aruppukkottai, Virudhunagar in Cr.M.P.No.93 of 2019 in S.T.C.No.249 of 2015, dated 21.01.2019, whereunder the petitioner seeks to recall the evidence of P.W.1 / defacto complainant, the respondent herein under Section 311 Cr.P.C. The said petition came to be dismissed and hence, the petitioner is before this Court.

(2.) The learned counsel for the petitioner submits that there are material alterations in the cheque involved in this case and the petitioner herein also denies his signature in the said cheque. According to him, the trial of the case commenced on 03.11.2018 and he cross-examined P.W.1 on 06.12.2018. Subsequently, the complainant examined P.W.2 / Bank Official on 21.12.2018, who was cross-examined on the same date and subsequently, the case stood over to 04.01.2019 for questioning under Section 313 Cr.P.C. At this juncture, the petitioner came up with the present petition.

(3.) The learned counsel for the petitioner argued that one of his defence is that there are material alterations with regard to the cheque and that he had earlier moved this Court in Crl.O.P.(MD)No.598 of 2016 for quashing the complaint and that came to be dismissed by this Court on 10.10.2018, with a direction to agitate the same during trial. However, due to oversight, this fact was not cross-examined and he had also some more questions on the signature in the cheque.