HON’BLE SRI JUSTICE B.N. RAO NALLA CRIMINAL PETITION No.8072 OF 2008 ORDER: Sole accused in C.C. No.723 of 2004 on the file of the X Additional Chief Metropolitan Magistrate, Secunderabad filed this Petition under Section 482 of the Criminal Procedure Code,1973 (in short ‘Cr.P.C.’) seeking to quash the Order dated 04.09.2008 in Criminal M.P.No.2006 of 2008 in the said C.C. 2. Respondent No.1 – de facto complainant filed the said C.C. against the petitioner- accused for the offence under Section 138 read with 142 of the Negotiable Instruments Act. 3. During the course of trial, on behalf of the de facto complainant, its branch manager was examined as PW.1 and his evidence was closed. Thereafter, the de facto complainant has filed Criminal M.P.No.2006 of 2008 seeking to reopen the evidence of PW.1 and to recall him for marking two documents on the ground that due to inadvertence and oversight those documents could not be filed, and the same was allowed. 4. The learned counsel for the petitioner-accused contended that the de facto complainant filed the petition in Crl.M.P.No.2006 of 2008 in C.C.No.723 of 2004 to fill up the gaps/lacunae, for which it cannot invoke the provisions of Section 311 Cr.P.C, and therefore, the trial Court ought not to have allowed the said petition. 5. The learned Additional Public Prosecutor submits that after considering the matter before it and after hearing both sides, the trial Court has allowed the petition recalling PW.1 to mark two documents which could not be marked previously due to inadvertence. Further, he submits that recalling a witness is permissible under Section 311 Cr.P.C. 6. In the facts and circumstances of the case, this Court is of the view that the trial Court has allowed the petition recalling PW.1 for marking two documents so as to adjudicate the matter effectively, and as such, this Court does not find fault with the order impugned, and it is not a fit case to grant the relief as prayed for by invoking Section 482 of Cr.P.C. 7. In the result, the Criminal Petition is dismissed. ________________ B.N. RAO NALLA,J Date:10.11.2011 Stp