THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION Nos.1422, 1423 and 1424 of 2011 COMMON ORDER: Since the petitioner in all the three petitions and the subject matter are one and the same, they heard together and are being disposed of by this common order. Petitioner – M/s.Akshitha Estates Privte Limited, rep.by its Managing Director, Mr.A.Divakar - approaches this Court with a prayer to set aside the orders dated 27.01.2011 passed in Crl.M.P.Nos.4113 of 2010 in C.C.No.201 of 2010, 4111 of 2010 in C.C.No.57 of 2009 and 4112 of 2010 in C.C.No.58 of 2009 by the learned XIV Additional Judge – cum – XVIII Additional Chief Metropolitan Magistrate, Hyderabad, whereby the learned Magistrate dismissed the applications filed under Section 311 Cr.P.C. to recall the complainants in the present cases. Heard both sides. Learned counsel for the petitioner submitted that the existence of a document in connection with the agreement of sale has to be adduced before the concerned court and to confront the evidence of the complainants in the cases. The learned trial Judge dismissed the applications on the ground that the scope under Section 138 of the Negotiable Instruments Act is concerned, if it is proved that the debt is legally enforceable one, there is no need of any other evidence to be adduced. This Court is of the view that the petitioner has every right to confront and to rebut the presumptions arrived at by the Court on the basis of the complaint. Hence, this Court is of the view that one opportunity can be given to the petitioner. Accordingly, the orders passed by the learned Magistrate in Crl.M.P.Nos.4113 of 2010 in C.C.No.201 of 2010, 4111 of 2010 in C.C.No.57 of 2009 and 4112 of 2010 in C.C.No.58 of 2009 by the learned XIV Additional Judge – cum – XVIII Additional Chief Metropolitan Magistrate, Hyderabad, are hereby set aside and the petitioner is directed to examine the complainant on his appearance before the trial Court. Learned Magistrate is also directed to fix a date for examination of complainant. On such date fixed by the Magistrate, the petitioner is directed to cross-examine the said witness. With the above observation, the criminal petitions are disposed of. Miscellaneous petitions filed in these criminal petitions, if any, shall stand closed. ________________ RAJA ELANGO, J. 15th February 2011, Rns.