SANDIP SHUKLA Vs. MOSES B SHEJAO

JUDGEMENT

(1.) HEARD the learned advocate for the petitioner-original accused, learned advocate for the respondent-original complainant and the learned A.P.P. for the State.

(2.) THE petitioner is facing prosecution under Section 138 of Negotiable Instruments Act. The complaint is numbered as C.C.No.179/S/2005 and is pending before the learned Metropolitan Magistrate, 31st Court at Vikhroli, Mumbai.

(3.) FROM the record, it is seen that accused had engaged counsel who conducted detailed cross examination of the complainant on 28.6.2005. Thereafter, the evidence came to be closed and the matter was posted for recording statement of the accused under Section 313 of Cr.P.C. Thereafter, application for recall of witness was preferred by the petitioner. The learned advocate for the petitioner has submitted that certain questions remained to be put to the complainant in the cross-examination particularly on the point of legally enforceable liability of the accused and therefore, the complainant be recalled.