O R D E R

The petitioner is the accused in C.C.No.1569 of 2022 on the file of the Court of the Judicial Magistrate of First Class-II, Hosdurg ('Trial Court', in short), which has been filed by the 2^nd respondent alleging the commission of the offences punishable under Section 138 read with Section

142 of the Negotiable Instruments Act .

2. The petitioner states that after Section 351 Bharatiya Nagarik Suraksha Sanhita ( BNSS ) questioning, he filed Annexure A3 application under Section 348 of the to re-call and re-examine the 2^nd respondent (PW1). He has specifically averred in the said application that he wanted to question the 2^nd respondent with regard to the complaint that was filed by the 2^nd respondent before the police. That application was opposed by the 2^nd respondent by Annexure A4 counter, principally on the ground that the application was belated. But, by the impugned Annexure A5 order, the Trial Court dismissed the application on the ground that the application was a delaying tactic. Annexure A5 order is ex facie erroneous and unjustifiable. Hence, the Crl.M.C.

3. I have heard the learned counsel for the petitioner, the learned Public Prosecutor and the learned couns