HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.9432 OF 2010 ORDER: This criminal petition is filed, under Section 482 Cr.P.C., seeking to quash the order dated 30.08.2010 made in Crl.M.P.No.4757 of 2011 in C.C.No.116 of 2009 by the XIX Addl. Chief Metropolitan Magistrate, Hyderabad, dismissing the said petition filed by the petitioner under Section 311 of Cr.P.C. seeking to recall P.W.1 for the purpose of further cross-examination. Heard both sides. Learned counsel for the petitioner submitted that the 1st respondent filed a suit in O.S.No.319 of 2007 on the file of the II Addl. Chief Judge, City Civil Court, Hyderabad and, during trial in the said suit, he made several admissions regarding his incapacity to advance loan. The petitioner was under the impression that the said deposition could be marked at the time of defence evidence and thus he did not confront the same to the 1st respondent during her cross examination. Hence, it is necessary to confront the said deposition to her in this case. But, the trial Court without considering the said aspect properly, dismissed the petition filed by him. Therefore, he prays that for arriving at a just decision in this case, one more opportunity may be given to the petitioner herein for further cross-examination of P.W.1. Having considered the submission of the learned counsel for the petitioner and the calendar Case No.116 of 2009 is filed for the offence punishable under Section 138 of the Negotiable Instruments Act, this Court is of the view that one more opportunity may be given to the petitioner for cross-examination of P.W.1. Accordingly, the petitioner-accused is directed to file a fresh petition before the trial Court, under Section 311 Cr.P.C, on the next date of hearing, with a prayer to recall P.W.1 for further cross- examination, and on filing of such petition, the learned Magistrate is directed to pass appropriate orders by fixing a date for further cross- examination of P.W.1 and cross-examine the witness on that day itself. The petitioner is directed to confine his cross examination only in connection with the suit in O.S.No.319 of 2007 filed by the 1st respondent. With the above directions, the Criminal Petition is disposed of. Miscellaneous petitions, if any, filed shall stand closed. __________________ RAJA ELANGO, J 9th August, 2011 cbs HON’BLE SRI JUSTICE RAJA ELANAGO CRIMINAL PETITION No.9432 of 2010 (Disposed of) 9th August, 2011 cbs