HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7491 OF 2010 ORDER: This criminal petition is filed, under Section 482 Cr.P.C., seeking to quash the order dated 01.07.2010 passed by the learned XV Addl. Judge- cum-XIX Addl. Chief Metropolitan Magistrate, Hyderabad, in Crl.M.P.No.3661 of 2010 in C.C.No.418 of 2009 dismissing the said petition filed by the petitioner-accused seeking to recall P.W.1 for the purpose of cross- examination. Learned counsel for the petitioner submitted that for arriving at a just decision in this case, one more opportunity may be given to the petitioner herein for cross-examining P.W.1. I have gone through the affidavit filed in support of the petition as well as the order impugned in this criminal petition. As rightly held by the trial Court, the petitioner-accused has not given any valid reason for not cross- examining P.W.1-complainant with regard to the alleged loan transaction and the earlier cases filed by the complainant through his friends and relatives in other Courts. Further, the petitioner filed the petition at the stage when the case came up for his examination under Section 313 Cr.P.C. Therefore, the order passed by the trial Court cannot be interfered with. However, considering the submission of the learned counsel and the case is of the year 2009, 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 learned Magistrate is directed to give one more opportunity to the petitioner herein for cross-examination of the complainant- P.W.1. The petitioner-accused is directed to file a 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 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 pay costs of Rs.1,000/- (Rupees One thousand only) towards expenses of P.W.1 to depose before the trial Court. Accordingly, the criminal petition is disposed of. __________________ RAJA ELANGO, J 6th August, 2010 CBS HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7491 of 2010 (Disposed of) 6th August, 2010 CBS