THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.12795 of 2011 ORDER: Petitioner approached this Court invoking the provisions under Section 482 Cr.P.C. seeking to set aside the order in Crl.M.P.No.5685 of 2011 in C.C.No.14 of 2011 passed by the learned XVI Additional Judge-cum-XX Additional Chief Metropolitan Magistrate, Hyderabad, where under the learned Magistrate dismissed the petition filed under Section 311 Cr.P.C. 2. Heard both sides. 3. The petitioner herein is an accused for an offence under Section 138 of the Negotiable Instruments Act. After completion of his examination, he wants to examine another person as a defence witness. When he filed an application for the same, the learned Magistrate dismissed his application on the ground that the petition does not contain the name of the person, who he wants to examine as a witness and also for what purpose he wants to examine that person. 4. Hence, this Court is of the view that the order passed by the learned Magistrate is in accordance with law. But at the same time, in order to give one more opportunity to the petitioner, being the case filed only in the year 2011, the petitioner is directed to file a fresh application before the concerned court for examining another person as a witness by informing the name of the person and also the purpose for which he wants to examine the said witness. On such filing, the learned Magistrate is directed to allow the said application on payment of Rs.500/-(Rupees five hundred only) towards costs and to fix a date for examination of the said witness. 5. With the above observation, the criminal petition is disposed of. Miscellaneous petitions filed in this criminal petition, if any, shall stand closed. __________________ JUSTICE RAJA ELANGO 13th December 2011, Rns.