JUDGMENT

1. This petition under Article 227 of the Constitution of India questions the legality and correctness of the order dtd. 25/10/2021, by which the learned Judicial Magistrate First Class'B' Court Panaji dismissed the application moved by the petitioner accused purportedly under Sec. 1 145(2) of the Negotiable Instruments Act.

2. The petitioner - accused, in Criminal Case No.OA/222/2018/B filed by the respondent under Sec. 138 of the Negotiable Instruments Act, answered the substance of accusation and pleaded not guilty. After which he moved an application for recalling the complainant and his witnesses to cross examine them. The learned trial Court rejected the application. Thus this petition.

3. Heard learned Counsel for the parties.

4. In the case of Indian Bank Associations and others Vs Union of India and ors. (2014)5 SCC 590, the Apex Court has held that affidavit and the documents filed by the complainant along with the complaint for taking cognizance of the offence are good enough to read in evidence at both the stages i.e pre-summoning stage and post summoning stage. In other words there is no necessity to recall and reexamine the complainant after summoning the accu