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2024 Supreme(Online)(MAD) 29504

HIGH COURT OF MADRAS
Honourable Dr Justice G. JAYACHANDRAN
ROHIT MAHADEV PATIL – Appellant
Versus
M/S. SAME DEUTZ FAHR INDIA PRIVATE LTD – Respondent


O R D E R

This Criminal Original Petition is filed to set aside the order in Crl.M.P.No.10914 of 2024 in S.T.C.No.2674 of 2023 on the file of the Fast Track Magistrate No.II, Allikulam, Chennai.

2. The petitioner herein is an accused in a complaint filed under Section 138 of the N.I. Act. His grievance in this petition is that his application filed under Section 311 Cr.P.C. to recall P.W.1 and cross-examine him has been disallowed by the trial court, and hence, he must be given an opportunity to recall P.W.1 and cross-examine him regarding certain vital questions. The impugned order reveals that the complainant was examined as P.W.1 on 03.10.2023 and at the request of the petitioner/accused, the matter was adjourned to 09.11.2023 to cross-examine P.W.1. Instead of cross examining the witness, the accused has allowed the Court to close the deposition and thereafter taken out an application under Section 311 of Cr.P.C. to reopen and recall P.W.1. The same was allowed and the petitioner has cross examined P.W.1 on 18.12.2023. Again, an application was filed for further cross of P.W.1 and the same was allowed and the matter was listed on 31.01.2024. On that day, further cross of P.W.1 wa

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