HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.8562 of 2010 ORDER: This criminal petition is filed by the petitioner-accused, under Section 482 Cr.P.C., seeking to quash the order dated 22.07.2010 passed by the learned XIV Addl. Judge-cum-XVIII Addl. Chief Metropolitan Magistrate, Hyderabad, in Crl.M.P.No.3177 of 2010 in C.C.No.72 of 2009. Facts of the case are that the 2nd respondent herein filed C.C.No.72 of 2009 before the XIV Addl. Judge-cum-XVIII Addl. Chief Metropolitan Magistrate, Hyderabad, against the petitioner herein under Section 138 of the Negotiable Instruments Act. When the case was coming up for recording evidence on behalf of the petitioner, the petitioner filed Crl.M.P.No.3177 of 2010 under Section 311 Cr.P.C. seeking to recall P.W.1 for further cross-examination. The trial Court dismissed the said petition by an order dated 22.07.2010 on the ground that the case is pending for the last five years for various reasons and the case has to be disposed of within six months as per Section 143(3) of the N.I. Act. The same is under challenge in this criminal petition. Learned counsel for the petitioner submitted that the intention of the petitioner is not to drag on the matter and he filed the said petition only with an intention to ask some questions which are more relevant for a just decision of the case. Considering the submission of the learned counsel and also the facts and circumstances of the case, this Court is of the view that an opportunity may be given to the petitioner for cross-examining P.W.1. Accordingly, the petitioner-accused is directed to file a petition before the trial Court, under Section 311 Cr.P.C, on the next date of hearing, and on such petition, the learned Magistrate is directed to pass appropriate orders by fixing a date for further cross-examination of P.W.1. The petitioner is directed to pay Rs.500/- (Rupees Five hundred only) to P.W.1 towards costs. The criminal petition is accordingly disposed of. _____________ RAJA ELANGO, J 2nd September, 2010. CBS HON’BLE SRI JUSTICE RAJA ELANGO Crl.P.No.8562 of 2010 (Disposed of) 2nd September, 2010 CBS