O R D E R

This Criminal Original Petition has been filed seeking to set aside the order dated 23.01.2026 passed by the Judicial Magistrate No.II, Madurantakam in Crl. M.P. No. 1030 of 2025 in C.C. No. 93 of 2022, whereby the petition filed under Section 348 of BNSS to recall PW.1 for the purpose of cross-examination was dismissed.

2. The learned counsel for the petitioner submitted that the petitioner is an accused facing trial in C.C. No. 93 of 2022 for the offence under Section 138 of Negotiable Instruments Act, After the cross examination of PW.1 / complainant, the petitioner obtained certain materials which were omitted to be put to the witness during the cross-examination. Therefore, the petitioner filed an application seeking to recall PW.1 for further cross- examination. However, the trial Judge, without appreciating that the recall and further cross-examination of PW.1 are essential for the just decision of the case, dismissed the application. Hence, the present petition has been filed.

3. Heard the learned counsel appearing for the petitio