THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.6239 OF 2011 ORDER: Petitioner preferred this petition challenging the order passed by the learned Magistrate, whereby he dismissed the application filed by the petitioner invoking the provision under Section 311 Cr.P.C. Heard. The petitioner, who is the complainant in C.C.No.78 of 2010 filed a case against the respondent-accused for an offence under Section 138 of the Negotiable Instruments Act. Petitioner filed two documents, one is the receipt and the other one is another cheque given by the accused, the respondent herein. In order to substantiate the fact that the petitioner and the respondent having earlier transaction also and when the petitioner wants to mark the documents, the learned Magistrate dismissed the application. Learned counsel for the petitioner filed a petition stating that at the time of filing the case, the documents are not available. Subsequently, the said documents were traced. Hence, he filed the petition to recall himself as a witness and to mark the said two documents. Learned Magistrate dismissed the application stating that since he passed an order earlier, he cannot review his own order. This Court perused the material on record and heard the arguments. This Court is of the view that in interlocutory applications, if the Magistrate passed an order, subsequently he can pass a different order. It will not amount to review his own orders. But in any event, he dismissed the application. Now, the limited prayer of the petitioner is that he may be permitted to mark the above said two documents in order to substantiate his case. Considering the facts and circumstances of the case, learned Magistrate is hereby directed to allow the petitioner to examine himself and also allow him to mark the cheque bearing No.782397 dated 12.12.2001 and also a receipt dated 05.11.2001 before the concerned Court. With above observations, the Criminal Petition is disposed of. Miscellaneous petitions filed in this Criminal Petition, if any, shall stand closed. ___________________ JUSTICE RAJA ELANGO 4th November 2011 Rns