IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE TWELTH DAY OF OCTOBER TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU CRIMINAL PETITION No.8302 of 2009 Between: Maria Angnes Swasi @ Maria Selva ..... PETITIONER AND M. Narendra, S/o. M.Ramachary and another ....RESPONDENTS Counsel for the Petitioner : Counsel for the Respondents : The Court made the following: THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION No.8302 OF 2009 ORDER: This Criminal Petition is filed by the petitioner under Section 482 of Cr.P.C to quash the order, dated 24.09.2009, in Crl.MP.No.1280 of 2009 in C.C.No.462 of 2008, on the file of XIV Additional Judge-cum- XVIII Additional Chief Metropolitan Magistrate, Hyderabad. 2. The above petition was filed to recall and reopen C.C.No.462 of 2008 for examination of son of the complainant as a witness on the ground that he was present at the time of giving cheque, Ex.P-1. That petition was dismissed on the ground that the presence of the son of the petitioner had not been spoken to by PW.1 either in the evidence or in the complaint. 3. There cannot be any dispute that the order passed by the trial Court for examining the son of the complainant as a witness is a discretionary order, but, however, that discretion has to be exercised judiciously. The trial Court after considering the evidence on record held that the presence of the son of the petitioner had not been stated in the complaint nor in the chief affidavit of PW.1. Therefore, the said order does not suffer from any infirmities calling for interference by this Court. 4. Accordingly, the Criminal Petition is dismissed. _______________ K.C.BHANU, J October 12, 2009 MD