IMTIYAZ AHMAD Vs. MOHD KHALIL WAGAY

JUDGEMENT

(1.) Petitioner/accused is facing trial under Section 420, R.P.C. and 138 of Negotiable Instruments Act in Complaint File No. 50/98/2002 pending on the file of Sub Judge, Judicial Magistrate Pulwama. The case is at post evidence charge stage when the accused was to lead evidence in defence, he moved an application before the trial Magistrate, praying for recalling of the complainant for re-cross examination by him. However, the prayer was rejected by the trial Court on 24-10-2003. The revision is directed against this order.

(2.) The order is challenged op the ground that the procedure has not been followed. After the accused was charged, he was to be given an opportunity to cross examine the prosecution witnesses whose evidence had been recorded at pre-charge stage and if the accused so opted, the witness(es) was to be recalled for cross-examination and re-examination. It is only thereafter that the rest of the prosecution witness were to be examined and the accused was required to enter upon his defence and produce evidence.

(3.) Heard counsel for the parties. Perused the record.