The petitioner is the complainant in a

prosecution under Section 138 of the Negotiable

Instruments Act. The counsel engaged by him to file

the complaint had relinquished the matter whereupon

he engaged another counsel who passed away at the

time of hearing. The present counsel is engaged only

at the time of hearing. The petitioner could not

produce the acknowledgment card of the receipt of

lawyer notice by the accused, though he produced

lawyer notice as well as the receipt of sending lawyer

notice through registered post. The defence of the

accused is that he has not received the lawyer notice

and the address shown as that of the accused is not

the correct address. The petitioner filed application

seeking to re-open the evidence under Section 311 of

the Cr.P.C.to produce a lawyer notice sent on behalf of

the wife of the accused showing the address of the wife

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of the accused as that of the address of the accused

shown in the complaint as well as in the lawyer notice

in the impugned case. The court below rejected the

application by Annexure-V order on the short reason

that no reason is shown by the petitioner as to what

prevented him from producing