The petitioner has filed in Cr.M.P.No.2720 of 2010 in S.T.C.No.2873 of 2007 before the learned Judicial Magistrate, Kumbakonam, Thanjavur Distirct, dated 09.04.2011, under Section 311 of Cr.P.C. to recall him for marking certain documents. After contest, the said petition was dismissed by the learned Judicial Magistrate, Kumbakonam, Thanjavur Distirct, on 09.04.2011. Against which, this criminal original petition is filed.
2.The learned counsel appearing for the respondent submitted that the respondent has no objection for recalling the petitioner / complainant to mark certain documents with liberty to the respondent to cross-examine the witnesses.
3.Recording the above said submission, the criminal original petition is allowed and the order dated 09.04.2011 made in Cr.M.P.No.2720 of 2010 in S.T.C.No.2873 of 2007 is set aside. The learned Judicial Magistrate, Kumbakonam, Thanjavur District is directed to recall the petitioners/complainant and allow him to mark the documents. The learned Judicial Magistrate is also directed to take evidence on 28.11.2017. The respondent/accused is permitted to cross-examine the witnesses. The said exercise shall be completed within a period of two weeks from the date of receipt of a copy of this order. Consequently, connected miscellaneous petition is allowed.
To The Judicial Magistrate, Kumbakonam, Thanjavur District.
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