the cross-examination of the complainant was not conducted and, therefore, the learned Magistrate has imposed the cost of Rs.5,000/- on the applicant/accused on 16th November, 2018. Thereafter, the complainant closed his evidence and filed a pursis. The matter went proceeded without cross-examination and it was fixed for recording the statement of the accused under section 313 of the Code of Criminal Procedure (for short, “the Cr.P.C.”) on 11th February, 2019. On that date, the learned Counsel of the accused wanted to place an application for allowing him to cross-examine the complainant, however, the accused was not present because he was arrested in another offence punishable under section 138 of the Negotiable Instruments Act on 09th February, 2019, and he was bailed out on 11th March, 2019. However, the learned Magistrate has rejected the application of the applicant/accused and dispensed with the statement of the accused under section 313 of the Cr.P.C. The applicant/accused moved an application under section 311 of the Cr.P.C. for recalling PW-1. The said application was rejected by the learned Magistrate on 19th March, 2019.
