THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.12774 of 2011 ORDER: 1 Petitioner who is accused in C.C.No.371 of 2010 on the file of the Court of the XVI Additional Judge, City Civil Magistrate Court- cum-XX Additional Chief Metropolitan Magistrate at Hyderabad approached this court and filed the present petition under Section 482 of CR.P.C questioning the order of dismissal passed in Crl.M.P.No.5632 of 2011 filed for recalling P.W.1 for further cross- examination. 2 Learned counsel for the petitioner contended that the petitioner filed Crl.M.P.No.5632 of 2011 before the court below stating that in the midst of the trial he engaged another advocate and that on going through the record, it is noticed that further cross- examination of P.W.1 is necessary on crucial points. But the Court below dismissed the same without giving any opportunity to the petitioner and hence one more chance may be given to the petitioner so that he can elicit some answers to rebut the presumption that the petitioner is not liable to pay the amount. 3 Considering the contention of the learned counsel for the petitioner and in the interest of justice, the petitioner is directed to file an application before the Court below for recalling P.W.1 i.e. de facto complainant and on filing of such an application, the court below is directed to allow the same and fix a date for cross-examination. The petitioner is also directed to pay an amount of Rs.1,000/- towards costs to the de facto complainant. If the petitioner fails to cross examine the de facto complainant on the date fixed by the Court below, the learned Magistrate is at liberty to proceed further with the case. 4 With the above directions, this Criminal Petition is disposed of. _________________ RAJA ELANGO, J 12.12.2011 Kvsn