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2024 Supreme(Kar) 437

M. NAGAPRASANNA
K. Nagaraj S/o Krishnappa – Appellant
Versus
State Bank Of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant :SRI. NANJUNDA GOWDA M. R., ADVOCATE
For the Respondent:SMT. SADHANA S.DESAI, ADVOCATE)

ORDER:

Petitioner is before this Court calling in question order dated 01-04-2024 passed in C.C.No.642 of 2009 by the I Additional civil Judge (Jr.Dn.) and JMFC., Kolar.

2. Heard Sri M R Nanjunda Gowda, learned counsel appearing for petitioner and Smt Sadhana S Desai, learned counsel appearing for respondent.

3. A complaint comes to be registered against the petitioner by the respondent-State Bank of India invoking Section 200 of the Cr.P.C. before the learned Magistrate. The learned Magistrate takes cognizance of the offences under Sections 405, 406, 409 and 420 of the IPC and issues summons to the petitioner after registering C.C.No.642 of 2009. The issue in the lis does not concern the merit of the matter. In the proceedings, the petitioner files an application under Section 311 of the Cr.P.C. seeking recall of P.W.1, the Branch Manager for further cross-examination. Turning down of this application has driven the petitioner to this Court in the subject petition.

4. Learned counsel for petitioner Sri M. R. Nanjunda Gowda would vehemently contend that the further cross-examination of P.W.1 is imperative to prove his innocence, as it is the last straw of opportunity available to the p

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