JUDGMENT

The challenge in this Original Petition is to the order dated 21.10.2025 in CMP No.2597 of 2025 in S.T.No.2401/2017 on the file of the Judicial First Class Magistrate Court, Ambalapuzha. The petitioner is the complainant. The petitioner filed the complaint alleging an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 . Respondent is the accused. Notice was served on the respondent, but he failed to appear.

2. Heard the learned counsel for the petitioner.

3. The complainant gave evidence as PW1. After completion of prosecution evidence, the accused was examined under Section 313 (1)(b) of Cr.P.C. On the side of the defence, DW1 was examined and Exts. D1 to D2 were marked. Thereafter, the case was referred to mediation. But the parties failed to arrived at a settlement.

4. At the time of defence evidence, the accused set up the defence that the cheque in question does not belong to him and the same was issued from the account of Sri. Anish Kumar. The petitioner/complainant filed an application seeking to reopen the evidence, recall DW1 and summon Sri.Anish Kumar.

5. The learned counsel for the petitioner submitted that by reopening the evidence perm