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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. NIRMAL KUMAR, J
Sivakumar Sole Proprietor, M/s.Flag Knits – Appellant
Versus
Sri Mookambika Impex Rep. by its Partner/ Power Agent Kokila – Respondent
| Table of Content |
|---|
| 1. petition challenges trial court denial of pw1 recall for new documents. (Para 1 , 2) |
| 2. no new documents justify recall after lengthy prior cross-examination. (Para 3) |
| 3. petition dismissed; defence evidence permitted at trial. (Para 4) |
ORDER
The petitioner/accused, who is facing trial in S.T.C.No.3227 of 2025 filed a petition before the trial Court under Section 311 of Cr.P.C. seeking to recall PW1 for the reason that the petitioner came in possession of some documents which has to be cross-examined to PW1. The trial Court not considered the same and dismissed the petition by order dated 23.01.2026. Hence the present petition is filed.
2.The contention of the learned counsel for petitioner is that the respondent/complainant in her cross-examination admits that it is her husband who was having some transaction with the petitioner and she is not aware about the payments made to her husband, which form part of the cheque which is in dispute in the present case. Hence to putforth this document he needs to recall PW1 and to further cross examine her.
3.On perusal of the records and impugned order, it is seen that in this case PW1 examined in chief on 23.09.2024 and ther
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