JUDGMENT

A. K. Mishra, J. - In this proceeding U/s. 482 Cr.P.C., prayer has been made to set aside the impugned order dated 05.04.2016 passed in 1CC Case No.1098/2014 by the learned JMFC, Bhubaneswar in allowing the prayer of the complainant to exhibit demand letter, postal receipt and its reply on recall as he could not exhibit the same in course of his examination-in-chief.

2. The present petitioners are accused persons in 1CC Case No.1098/2014. The opposite party was the complainant. The trial was proceeded for the offence U/s138 of the Negotiable Instruments Act, 1881. The complainant was examined as P.W.1, cross-examined and discharged on 18.03.2015. Thereafter on some day, prayer was made to exhibit above documents on his recall. The accused persons filed objection.

Learned JMFC by detailed order allowed the same stating that the evidence of P.W.1 was essential for the just decision of the case and such examination would not cause any prejudice to the defence.

3. Learned counsel for the petitioners submits that as no foundation was laid in the complaint petition and the documents were not filed till the impugned order, the defence was totally prejudiced by introduction of the