ORDER

Dated this the 13th day of May, 2022 This petition is filed challenging an order passed on

10.02.2022 by Judicial First Class Magistrate Court-II (Munsiff), Payyannur (for short ‘the court below’) in CMP No.1422/2021 in STC No. 128/2019.

2. STC No.128/2019 is a prosecution launched by the petitioner under Section 142 of the Negotiable Instruments Act, 1881 (for short the N.I.Act) alleging commission of an offence punishable under Section 138 N.I.Act by the 2nd respondent. CMP No.1422/2021 was an application filed under Section 311 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) seeking to recall and re-examine the complainant for the purpose of marking certain additional documents produced after concluding examination of the complainant as PW1. The trial court has dismissed the application for reasons extracted hereunder:

“It is evident from the documents furnished by the complainant that it goes back to the period from 20th April 2011 to 20th August 2011. It is further evident from the deposition of PW1 in the cross examination that there were suggestion by the counsel for the accused as to non production of bills. Hence it is crystal clear that the documents are p