Court allowed limited opportunity for further cross-examination of P.W.1 in criminal trial under Section 313 Cr.P.C. subject to payment of costs within two weeks.
Allowance of further cross-examination of P.W.1 subject to payment of Rs.1000 costs within two weeks and completion within that period.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY
CRIMINAL REVISION CASE No.2130 OF 2010
DATED:15.07.2011
ORDER:
This Criminal Revision Case is directed against the order, dated 29.09.2010, in Crl.M.P.No.5428 of 2010 in C.C.No.332 of 2009 on the file of the learned XV Additional Judge-cum-XIX Additional Chief Metropolitan Magistrate, Hyderabad, wherein the said application filed by the petitioner herein-A3 under Section 311 Cr.P.C., seeking to recall P.W.1 for further cross-examination, was dismissed.
2. Heard learned counsel for the petitioner and the learned counsel for the respondents. Perused the records.
3. Petitioner-A3 along with others is facing prosecution for the offence under Section 138 of the Negotiable Instruments Act on a complaint filed by the 1st respondent herein. It is stated that the matter now stands posted for examination of the accused under Section 313 Cr.P.C. At that stage, petitioner-A3 filed the application to recall P.W.1 for further cross-examination. The learned Magistrate dismissed the same observing that only after imposing the costs, ranging from Rs.200/- to Rs.3000/- the accused came forward to cross examine the witness and now she is seeking to recall the witness for further cross-
examination without any reasonable cause.
4. Learned counsel for the petitioner would submit that just one opportunity may be given to the petitioner-A3 to further cross-examine P.W.1.
5. The above request of the learned counsel for the petitioner is accepted in the interest of a fair trial, however, subject to the condition that the petitioner shall pay costs of Rs.1000/- (rupees one thousand only) to the other side and shall complete the further cross-examination of P.W.1 within two weeks from today and in the event of her failure to avail a single opportunity her right to further crossexamine P.W.1 would stand forfeited and it is open to the trial Court to proceed with the matter further in accordance with law. The trial Court may dispose of the case at an early date, preferably within a period of three months. 6. In the result, Criminal Revision Case is disposed of.
_______________________ G.V.SEETHAPATHY, J
15th July, 2011. Tsy
1 issue framed by the court
Whether petitioner should be granted opportunity for further cross-examination of P.W.1 in interests of fair trial.
Petitioner-A3
1st Respondent
G.V.SEETHAPATHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
