HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No. 4753 of 2010 O R D E R: The petitioner is accused of offence punishable under Section 138 of the Negotiable Instruments Act in S.T.C. No. 18 of 2008 on the file of Judicial Magistrate of the First Class, Puttur, Chittoor District. After closure of prosecution evidence, when the matter was coming up for examination of the accused under Section 313 of the Code of Criminal Procedure, the accused filed the present Petition in Crl.M.P.No. 1523 of 2010 in S.T.C.No. 18 of 2008 under Section 311 of the Code of Criminal Procedure for recalling of P.W.1 for further cross-examination on the ground that for want of instructions, cross- examination on certain points relating to the antecedent debt was left out. A reading of order passed by the lower Court reveals that P.W.1 was examined in chief on 05.01.2010 and that at the request of defence counsel, the matter was being adjourned from time to time on 19.01.2010, 16.02.2010, 09.03.2010, 15.03.2010, 17.03.2010, 25.03.2010 and finally cross-examination was completed on 07.05.2010. Therefore, it is not as if the accused was not given opportunity to cross-examine the complainant as P.W.1. For obvious reasons, the petitioner-accused was dragging on the matter from time to time. Now, again he wants recalling of P.W.1 for further cross- examination. It is not stated as to what questions are left out in cross- examination, except saying that further cross-examination is required with regard to the antecedent debt. It is not his contention that no cross-examination was done by the defence counsel on that aspect. It is evident that the petitioner filed the Petition in the lower Court for dragging on the proceedings. I see absolutely no merits much less bona fides either in the petition filed in the lower Court or in the present Petition. Hence, the Petition is dismissed. ------------------------------------- (SAMUDRALA GOVINDARAJULU, J) 8th June 2010 ksld