THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.4633 of 2010 (Dated: 03-06-2010) Between: Sunil Kumar Jain …Petitioner A n d The State of A.P rep. by Public Prosecutor and another …Respondents THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.4633 of 2010 ORAL ORDER: The petitioner/accused is questioning order dated 13-04-2010 passed by the XVIII Additional Chief Metropolitan Magistrate, Hyderabad in Crl.M.P.No.619 of 2010 in C.C.No.326 of 2008 by which the lower court refused to recall PW.1 for further cross examination. The case which is pending in the lower court is one for offence punishable under Section 138 of the Negotiable Instruments Act,1881. It was originally filed in the year 2006 and on transfer to the lower court, it was renumbered in the year 2008. Trial of the case is completed. When the matter was coming up for arguments in the lower court, the accused filed the present petition in the lower court for recalling PW.1 for the purpose of confronting a counter in another case. It is stated that there is inconsistency in the complainant’s case with regard to handing over of the cheques in question between the complainant’s case in the complaint and his evidence and in the counter, which is sought to be confronted. Date of handing over of cheques is not at all relevant in the case under Section 138 of N.I.Act. There is no dispute that the cheques containing signatures of the accused were given to the complainant. It is immaterial for the lower court as to when they were handed over to the complainant, for the purpose of disposal of the pending case. In the lower court the accused as DW.1 could have filed certified copy of the said counter. During his evidence he did not do so. Now he wants to cross-examine the PW.1 on that aspect. It is evident that the petition filed in the lower court is intended for prolonging the case, which has come up for arguments in the lower court. This is nothing but dilatory tactics being adopted by the accused at the last stage of the case. I do not find any merits as well as bona fides in the petition filed by the accused in the lower court as well as in this petition. Hence the petition is dismissed. __________________________ SAMUDRALA GOVINDARAJULU, J Dt.03.06.2010 TSNR