R. N. BISWAL, J.

( 1 ) THIS CRL. M. C. arises out of a petition filed under Section 482 of Cr. P. C. to set aside the order dated 12. 5. 2005 passed by the J. M. F. C. , salipur in I. C. C. Case No. 108 of 2003 and to direct him to allow the petitioners to further cross-examine P. W. 1, record their statements under Section 313 of Cr. P. C. and to recall the N. B. W. of arrest issued against them.

( 2 ) THE petitioners faced trial for the offence under Section 138 of Negotiable Instruments Act in I. C. C. Case No. 108 of 2003 before the J. M. F. C. , Salipur on the complaint made by Subodh kumar Bhuyan (opp. party No. 2 ). The complainant was examined in chief on 23. 8. 2004 as P. W. 1 and on the prayer of the accused persons (petitioners), his cross-examination was deferred to 23. 2. 2005, on which date the advocate for the complainant filed a petition under section 311 of Cr. P. C. with a prayer to re-examine P. W. 1. The prayer being allowed he was re-examined and was cross-examined in part on behalf of the accused persons. Further cross-examination was deferred to 28. 2. 2005 on the prayer made on behalf of the accused persons. On that date learned defence counsel filed a pet