JUDGMENT

R. N. BISWAL, J. — This CRLMC 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 1.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 petition praying for one month time to pay bac