ORDER :

This petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') challenging Annexure-VI order passed by the Chief Judicial Magistrate, Kozhikode.

2. The petitioner is the sole accused in the case C.C.No.5/2017 pending in the court below. The offence alleged against him is punishable under Section 420 I.P.C.

3. The prosecution case is as follows: On 01.06.2012, the petitioner made application for availing loan from the Calicut Cooperative Urban Bank. At that time, he concealed the fact that he had sold a portion of the property on 31.05.2012 which he had offered as security for the loan. He availed a loan of Rs.4,75,000/-from the bank on 19.06.2012, on the basis of the equitable mortgage created in respect of the property. The aforesaid property included the property which was already sold by him. Thus, he cheated the bank.

4. When the case was posted for final hearing, after closing the evidence of the prosecution and the defence, the prosecutor filed two applications in the court below. The application Crl.M.P.No.100/19 was filed under Section 311 of the Code to recall the Manager of the bank, who was examined as PW1. Th