The petitioner's request to recall and cross examination of PW1 under Section 311 of Code of Criminal Procedure was rejected on the ground that no averment made in the complaint regarding the debit advice dated 04.05.2009 and the parties cannot go beyond their pleadings for further cross examination of PW1. Challenging the same, the present petition is filed.
2. It is true that the Hon'ble Supreme Court in various cases condemned the practices of vexatious applications filed under
Section 311 of Cr.P.C to protract the proceedings.
3. Nevertheless, the learned counsel for the petitioner submitted that the petitioner may be given an opportunity for cross examining the prosecution witness PW1 to prove that the allegation of the respondent in the complaint is true.
4. In view of the submissions made by the petitioner, by giving another opportunity to cross examine the prosecution witness PW1, by fixing the time frame for completing the cross examination will not cause prejudice to the prosecution and by fixing such time frame, the proceedings may not get unjustifiably prolonged.
5. Hence the order passed in C.M.P.No.5906 of 2017 in C.C.No. 234 of 2011, dated 21.06.2017 by the learned Judicial Magistrate, Fast Track Court No.1, Coimbatore is set aside. Consequently, the learned Judicial Magistrate, Fast Track Court No.1, Coimbatore, is directed to permit the petitioner to recall and cross examine PW1 on 16.11.2017. It is made clear that the petitioner shall complete the cross examination on the same day.
6. With the above observations and directions, the Criminal Original Petition stands disposed of. Consequently, the connected Miscellaneous Petition is also closed.
10.11.2017 Note: Issue order copy on or before 13.11.2017 rts To
1.The Presiding Officer, The Judicial Magistrate, Fast Tack Court No.1, Coimbatore
2.The Public Prosecutor, High Court, Madras.
M.S.RAMESH.J, rts Crl.OP No.16799 of 2017 and Crl.M.P.No.10325 of 2017 10.11.2017