P.UTTAM KUMAR GOUD Vs. JAGINI VENKATESH

JUDGEMENT

(1.) The present Criminal Petition is filed by the petitioner/accused under Section 482 of Cr.P.C., seeking to quash the order, dated 14.03.2019 passed in Crl.M.P.No.369 of 2019 in C.C.No.226 of 2017 on the file of the VII-Special Magistrate, Hyderabad, wherein and whereunder, the petition filed under Section 311 of Cr.P.C. to recall P.W.1 was dismissed.

(2.) The facts of the case in brief are that the 1st respondent/ complainant filed C.C.No.226 of 2017 against the petitioner/accused for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. When the matter was posted for further evidence of 1st respondent/complainant, the petitioner/accused filed Crl.M.P.No.369 of 2019, under Section 311 Cr.P.C. to recall P.W.1 for the purpose of confronting and marking of the certified copies of related documents. It is stated in the petition that during the course of cross-examination of P.W.1, he denied the suggestion regarding the case which was filed against him by the brother of the petitioner/ accused vide Crime No.1965 of 2017 of Rajendranagar Police Station, registered for the offences punishable under Sections 386, 420 and 406 of I.P.C.. As such, the petitioner/accused had obtained the certified copies of the documents relating to the said crime, which are essential to prove his contention. Therefore, prayed to recall P.W.1 in order to confront and marking of the documents relating to Crime No.1965 of 2017, which was filed by the brother of the petitioner/accused against the 1st respondent/complainant. The 1st respondent/complainant filed counter opposing the petition. After considering the rival submissions, the trial Court dismissed the said petition. Aggrieved by the same, the present Criminal Petition is filed.

(3.) Heard learned Counsel for the petitioner/accused, learned Counsel for the 1st respondent/complainant and learned Additional Public Prosecutor appearing for the 2nd respondent/State.