HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.4759 of 2010 ORAL ORDER : The petitioner is the complainant in C.C.No.164 of 2008 filed against the 2nd respondent/accused alleging offence punishable under Section 138 of the Negotiable Instruments Act. The petitioner questions order dated 11.5.2010 passed by the II Additional Judicial Magistrate of the First Class, Palakol, in Crl.M.P.No.2156 of 2010 in C.C.No.164 of 2008 by which the lower Court dismissed the petition filed by the complainant under Section 311 Cr.P.C. refusing to recall D.W.1 for cross-examination. On 3.5.2010 the complainant was absent and his counsel filed petition to dispense with his attendance on that day. The accused filed examination-in-chief of himself as D.W.1 and also filed certain documents along with the said examination. The petitioner’s counsel in the lower Court is said to have endorsed on them praying time for cross-examination and for filing counter. But the lower Court refused to grant time and kept the matter aside for presence of the complainant’s advocate. In spite of it, the complainant’s advocate did not turn up and so the lower Court closed D.W.1’s examination treating cross-examination of D.W.1 as nil. That made the complainant to file the present petition in the lower Court under Section 311 Cr.P.C. 2. It is urged that the complainant’s advocate was held up in another Court on 3.5.2010. The lower Court observed that amended provision of Cr.P.C. in Section 309 enunciates that no adjournment need be given if the counsel is engaged in another Court. The said observation is in accordance with law and it is in no way contrary to law. 3. It is stated by the petitioner’s counsel that the matter is posted for judgment tomorrow. Having regard to all the circumstances of the case, I do not find any valid or legal reasons to grant any relief in this petition. 4. Hence the petition is dismissed. However, the question is left open to be urged in appeal, in case the lower Court decides against the petitioner/complainant in C.C.No.164 of 2008. _________________________________________ JUSTICE SAMUDRALA GOVINDARAJULU 09.06.2010. Msr HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.4759 of 2010 09.06.2010 (Msr)