HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRL.PETITION NO.3791 OF 2010 Date:26.04.2010 Between: P. Durga Prasad Naidu …..Petitioner And: G. Sunmohan Reddy and another …..Respondents. HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRL.PETITION NO.3791 OF 2010 ORDER: The petitioner is accused of offence punishable under Section 138 of the Negotiable Instruments Act in C.C.No.255 of 2008 on the file of XX Additional Chief Metropolitan Magistrate, Hyderabad. When the complainant/P.W.1 went into witness box, the defence counsel did not cross-examine him. After giving several opportunities, the lower court recorded nil Corss-examination of P.W.1. Subsequently, the petitioner filed application under Section 311 Cr.P.C to recall P.W.1 for cross-examination. The said petition was allowed conditionally on payment of costs of Rs.500/- and on further condition of cross- examining P.W.1 on the next date of adjournment. The said order was passed in Criminal M.P.No.4285 of 2009 by the lower court on 09.12.2009 and posted the case on 15.12.2009. On 15.12.2009, it is represented that P.W.1 was absent. So the matter was adjourned to 22.12.2009. On 22.12.2009, the petitioner’s counsel was absent and did not conduct cross-examination of P.W.1. So the lower court again recorded nil cross-examination for P.W.1. Now it is contended by the petitioner’s counsel that on 22.12.2009, the petitioner’s counsel was busy in 3rd Court of this Court as he moved Lunch Motion. He could have gone to the lower court for cross-examination of P.W.1 during before Lunch Session or after completing Lunch Motion in the 3rd Court after lunch. It is stated that the Senior Counsel who moved Lunch Motion in the 3rd Court is not the counsel who had to cross-examine P.W.1 in the lower court. He has got several colleague Advocates in his office. It is evident that the petitioner/accused is playing dilatory tactics in the lower court. I do not find any merits as well as bonafides in this petition. I have no hesitation to observe that this petition is nothing but abuse of process of this Court. Hence, the petition is dismissed. ____________________________________ SAMUDRALA GOVINDA RAJULU,J. Date:26.04.2010. Gk. HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRL.PETITION NO.3791 OF 2009 Date:26.04.2010 Gk.