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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. ILANTHIRAIYAN, J
Viswanath Raj Kumar Nallapati – Appellant
Versus
M/s. Grobeat Feeds Corporation (India) Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. challenging a witness recall. (Para 1 , 2) |
| 2. court's decision to allow cross-examination. (Para 3 , 4) |
| 3. final ruling that the petition is allowed. (Para 5) |
ORDER
This petition has been filed challenging the order dated
25.09.2024, passed by the learned Metropolitan Magistrate, Fast Track Court No.V, Saidapet, Chennai, in Crl.M.P.No.14459 of 2024 in S.T.C.No.4554 of 2022, thereby dismissing the petition filed by the petitioner under Section 311 of Cr.P.C., to recall P.W.1 for cross-
examination.
2. The petitioner is an accused in the complaint lodged by the respondent for the offence punishable under Section 138 of the Negotiable Instruments Act. The respondent examined as P.W.1 in chief. Thereafter several opportunities were granted to cross-examine P.W.1. Even then, the petitioner did not avail the said opportunities and hence the cross-examination was closed. Now the petitioner filed petition to recall P.W.1 for cross-examination that too without stating any reason. Therefore, the trial Court dismissed the same on the ground that it is nothing but to drag the proceedings.
3. Heard the learned counsel appearing on either side and perused the materials placed before t
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