THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.12237 of 2011 ORDER: The petitioner ﬁled this petition challenging the order dated 22.11.2011 in Crl.M.P.No.4596 of 2011 in C.C.No.76 of 2010 passed by the learned VI Additional Judicial Magistrate of First Class, Rajahmundry dismissing the application ﬁled by the petitioner under Section 311 Cr.P.C. praying to recall PW1. The petitioner is facing trial for the oﬀence under Section 138 of the Negotiable Instruments Act, 1881. He could not cross-examine PW1 since some negotiations to settle the matter were going on. Since he wants to cross- examine the complainant, he filed the above application. Learned counsel for the petitioner submits that in the interests of justice an opportunity should be given to the accused to defend himself. Hence, the petitioner is permitted to ﬁle an application under Section 311 Cr.P.C. On ﬁling of such application, the learned Magistrate shall allow the same and ﬁx the date for cross-examination, on payment of Rs.1000/- (Rupees One Thousand Only) towards costs to the said witness. Further, on the date to be ﬁxed by the Magistrate, the petitioner shall cross-examine the witness. If he fails to do so, the Magistrate is at liberty to proceed with the case in accordance with law. With the above observations, the Criminal Petition is allowed. The miscellaneous petitions, if any, ﬁled along with the criminal petition shall stand closed. ________________ RAJA ELANGO, J. Dt. 30.11.2011 lvl THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.12237 of 2011 Dt. 30.11.2011