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2022 Supreme(Kar) 1441

M. NAGAPRASANNA
Eraiah S/o Chikkaiah – Appellant
Versus
Mahadeva S/o Late Hombaiah – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Sri Praveen Kumar G.S., Advocate

ORDER :

The petitioner in this writ petition calls in question order dated 23-02-2022 passed by the IV Additional Civil Judge & JMFC, Mysuru in C.C.No.2100 of 2015 rejecting the application filed by the petitioner under Section 311 of the Cr.P.C. seeking recall of PW-1 for further cross-examination.

2. Heard Sri.Praveen Kumar. G.S., learned counsel for petitioner.

3. Brief facts leading to the filing of the present petition, as borne out from the pleadings, are as follows:

The petitioner and the respondent are parties to a transaction which resulted in the respondent registering a complaint under Section 200 of the Cr.P.C. for offence punishable under Section 138 of the Negotiable Instruments Act, 1881 and Section 420 of the Indian Penal Code. Since the issue revolves round on a narrow compass, other details about the transaction or the proceedings are not necessary to be noticed.

4. The examination-in-chief of the complainant happened by way of an affidavit on 12-12-2018. The matter was adjourned for cross-examination of the complainant from 12-12-2018 to 26.08.2019. The claim of the petitioner is that due to short of time, the advocate for the accused was not able to collect complete

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