JUDGMENT

SWARANA KANTA SHARMA, J.

1. The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’) has been filed on behalf of petitioner seeking setting aside of order dated 07.01.2023, passed by learned Metropolitan Magistrate, Central District, Tis Hazari Court, Delhi in CC No. 13981/2017 titled as "Ghanshyam Dass vs. Rajesh Marwah" vide which his application under Section 311 of Cr.P.C. seeking recall of complainant for cross-examination was dismissed.

2. Briefly stated, the facts of the present case as borne out of the complaint filed under Section 138 of Negotiable Instrument Act, 1881 (‘NI Act’), are that the accused had approached and requested Signature Not Verified CRL.M.C. 994/2023 Page 1 of 8 Digitally Signed the complainant for some financial assistance in the form of friendly loan in the first week of September, 2016. The complainant, considering the difficulty of the accused, had paid a sum of Rs.1,00,000/- as friendly loan to the accused in the mid of September, 2016. The accused had assured the complainant that the same will be returned by August, 20l7 and in discharge thereof, the accused had issued a post-dated cheque bearing No.263599,