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Judgment
11 paragraphs · 350 wordsRajesh Rai K, J
This petition is filed under Section 482 of Cr.P.C.,(old) 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’) seeking to set aside the order dated 11.09.2024 in C.C.No.7859/2021 passed by the learned Additional Civil Judge and JMFC, Sindhanur in the proceedings initiated under section 138 of Negotiable Instruments Act by the respondent against the petitioner.
The grievance of the petitioner is that, he had filed an application under Section 311 of Cr.P.C. to recall PW.1 i.e, respondent herein for further cross-examination since some important questions were left over for cross-examination which are necessary for just decision of the case.
I have carefully perused the impugned order dated 11.09.2024 passed by the Additional Civil Judge and JMFC, Sindhanur which depicts that the petitioner-accused failed to cross-examine PW.1 inspite of granting sufficient opportunities by the Trial Court. Now the case is posted for final arguments on 08.10.2024.
It is contended by the learned counsel for the petitioner that if an opportunity is granted to the petitioner to cross-examine PW.1, the same will play vital role to decide the case and to put forward his defence to PW.1 in the cross-examination. If that be so, in the interest of justice, one opportunity could be extended to the petitioner to cross-examine the respondent-PW.1.
In that view of the matter, I pass the following:
ORDER
i. Criminal petition is allowed.
ii. The order passed by the learned Additional Civil Judge and JMFC, Sindhanur dated 11.09.2024 in C.C.No.7859/2021 is set aside and the application under Section 311 of Cr.P.C. is allowed, subject to petitioner paying a cost of Rs.5,000/- (Rupees five thousand only) to PW.1 on the date of his appearance before the Trial Court.
iii. The Trial Court is requested to issue summons to PW.1 i.e., respondent for further cross-examination. This exercise shall be done within a period of 15 days from the date of receipt of copy of this order.
iv. If the petitioner fails to cross-examine the witness on the date fixed by the Trial Court, this order will not come into force.