C.S. RAVI Vs. S. MALLAMMA AND ANOTHER

JUDGEMENT

(1.) This criminal petition is filed under Sec. 482 of Cr.P.C to quash the order dated 21.11.2016 passed in Crl.M.P.No.1370 of 2016 in C.C.No.363 of 2015 by the Special Magistrate-V, Hyderabad.

(2.) The petitioner herein filed a petition under Sec. 311 Crimial P.C. to recall PW.1 for further cross examination alleging that the petitioner cross examined PW.1 and the matter is coming for defence evidence, but on thorough verification, it came to the notice that the some questions on material points were not put to the respondent/complainant with regard to the relationship of the respondent/complainant with the petitioner factory and also contended that there were disputes between the petitioner factory and the respondent/complainant and it covered by Industrial Disputes Act. It is also contended that there is no relationship of debtor and creditor and question of issuing cheque under Sec. 138 of the Negotiable Instruments Act does not arise and to put certain questions, the witness has to be recalled and prayed to allow the petition.

(3.) The respondent filed lengthy counter running into four pages raising several contentions mainly contending that the cheque dated 31.12.2013 for Rs.77,000.00 drawn on Axis Bank Limited, Dr. A.S. Rao Nagar Branch issued towards discharge of the legally enforceable debt. When it was presented for encashment, the same was returned on 02.01.2014 with an endorsement that 'the account was blocked'. The petitioner cross examined PW.1 at length in the month of March, 2016 and that PW.2 also examined after several 2 adjournments and that the matter was posted for examination of the accused under Sec. 313 Crimial P.C. Therefore, there are no grounds to recall PW.1 for further cross examination.