ORDER

The petitioner is the accused in S.T.No.71/2023 on the file of the Court of the Judicial First Class Magistrate- III, Kottarakkara, (‘Trial Court’, in short), which has been filed by the 2nd respondent alleging the commission of the offence punishable under Section 138 of the Negotiable Instruments, (‘NI Act’, in short).

2. The petitioner has stated in the criminal miscellaneous case that, in the year 2016, the petitioner had given a blank cheque to secure an employment for his wife in the CSI missionary school. However, the cheque was never returned back to the petitioner and the same was misused by the 2ndrespondent. The cheque was handed over to the school in the presence of the vicar of the CSI church, Punalur. Unfortunately, the vicar died on 31.03.2025. In the above background the petitioner had filed an application to reopen the evidence for the purpose of summoning the District Chairman of the CSI Mission and the Secretary of the Punalur Municipality to produce the death certificate of the vicar which is crucial to prove the petitioner’s innocence. But, by the impugned Annexure A2 order, the Trial Court has dismissed the application on the ground that it is highly be