Belated recall of witness for cross-examination without valid reason rejected after evidence closure.

Headnote:First Paragraph: The complaint was filed under Section 138 of the Negotiable Instruments Act, 1881, alleging dishonour of cheque. Complainant examined as PW1 and marked documents Ex.P1 to P5. Trial court rejected petitioner's application to recall PW1 for further cross-examination filed belatedly without valid reason. Court found no merit in the recall application. Second Paragraph: Issue framed as whether petitioner entitled to recall PW1 post-closure of evidence and arguments. Ratio: Belated recall without valid reason not permissible after completion of examination, 313 Cr.P.C. questioning, and defence evidence closure. Third Paragraph: Petition dismissed.

Table of Content
1. petition to set aside order denying recall of pw1 in section 138 case. (Para 1 , 2)
2. trial progressed to arguments post-evidence closure; recall filed belatedly. (Para 3)
3. no valid reason for belated recall; petition dismissed. (Para 4)

ORDER

This Criminal Original Petition has been filed seeking to set aside the order dated 09.03.2026 in Crl.M.P.No.367/2026 in STC.No.13318/2023 on the file of the learned XXV Metropolitan Magistrate Court, Egmore, Magistrate Court, Chennai and consequently to permit the petitioner to recall PW1 for further Cross-examination.

2. The respondent field a complaint against the petitioner for the alleged offence under Section 138 of the Negotiable Instruments Act, in STC.No.13318 of 2023 on the file of the XXV Metropolitan Magistrate Court, Egmore, Magistrate Court, Chennai. The complainant examined himself as PW1 and marked documents as Ex.P1 to P5.

3. It is seen that the complaint was filed in the year 2023 and the case has been periodically adjourned. Though examination of the witness and cross- examination were completed, thereafter, the case was posted for arguments on 26.11.2025, 10.12.2025 and 19.12.2025. On 08.10.2025, the petitioner was questioned under Section 313 Cr.P.C. and defence side evidence was closed on 05.12.2025. Subsequently, the case has been posted for hearing of arguments. However, the petitioner belatedly filed the present recall petition on 09.01.2026 without assigning any valid reason.

4. Considering the submissions of the learned counsel for the petitioner and on perusal of records, this Court finds no valid reason to entertain this petition. Accordingly, this petition is dismissed.

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2026 Supreme(Online)(Mad) 32845

IN THE HIGH COURT OF JUDICATURE AT MADRASM. NIRMAL KUMAR, JVelocity, Creative Studios Rep.by C.K.Muthukumar – AppellantVersusKotak Mahindra Bank Limited, Rep.by its Authorized Signatory, M.Vimalraj – RespondentCriminal Original Petition | Crl.M.P.No.367/2026 | STC.No.13318/2023

Belated recall of witness for cross-examination without valid reason rejected after evidence closure.

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. NIRMAL KUMAR, J
Velocity, Creative Studios Rep.by C.K.Muthukumar – Appellant
Versus
Kotak Mahindra Bank Limited, Rep.by its Authorized Signatory, M.Vimalraj – Respondent
Criminal Original Petition | Crl.M.P.No.367/2026 | STC.No.13318/2023