Maradani Leela Prasad Vs the State of Andhra Pradesh

The petitioner is challenging the common order passed by the learned Junior Civil Judge, Vuyyuru in Crl.MP.No.3038 and 3039 of 2023. The learned judge has dismissed both the petitions. The petitioner filed two petitions for reopening the evidence of PW.1 and for recalling PW.1 for further cross-examination.

The 2^nd respondent has filed CC.No.79 of 2019 before the Junior Civil Judge – X Additional Metropolitan Magistrate, Vuyyuru under Sections 138 and 142 of NI Act.

It is stated that the learned counsel for the petitioner could not attend the Court for cross-examination of PW.1 as due to oversight the learned counsel for the petitioner recorded a wrong date. It is submitted that on account of non-appearance of the petitioner’s learned counsel the evidence was closed. The petitioner filed Crl.MP.Nos.3038 and 3039 of 2023 for reopening the evidence of PW.1 and for recalling PW.1 for the purpose of cross-examination.

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Crl.P.Nos.1089 & 1092 of 2024

Both the petitions were dismissed vide a common by the learned Junior Civil Judge – X Additional Metropolitan Magistrate, Vuyyuru on 22.01.2024.

The learned counsel appearing for the 2^nd respondent submits that the petitioner is purposefully delaying the cross-examination with an intention to drag on the matter. It is also submitted that the 2^nd respondent is keen to get the matter resolved and decided on merits as it is more than six years that the case is pending adjudication before the trial Court.

Considering the submissions of the learned counsel for the petitioner and the learned counsel for the 2^nd respondent, this Court deems it appropriate to set aside the impugned common order passed in Crl.MP.No.3038 and 3039 of 2023 in CC.No.79 of 2019 on the file of Junior Civil Judge – X Additional Metropolitan Magistrate, Vuyyuru. The learned Magistrate shall give one more opportunity to the petitioner to cross-examine PW.1. It is made clear that the petitioner shall complete the cross-examination of PW.1 within three weeks from the date of receipt of this Order and the learned Magistrate shall accordingly post CC.No.79 of 2019 and at any rate CC.No.79 of 2019 to be

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Crl.P.Nos.1089 & 1092 of 2024

decided by the learned Magistrate preferably within a period of

three months from the date of receipt of this Order.