THE HON’BLE SRI JUSTICE HARINATH. N CRIMINAL PETITION No.5094 of 2024 ORDER : 1. The learned counsel for the petitioner submits that the petitioner is aggrieved by the order passed by the learned II Special Magistrate Court at Visakhapatnam in CRLMP.No.2607 of 2024 in CC.No.4270 of 2020. 2. The learned counsel for the petitioner submitted the petitioner is arraigned as accused in CC.No.4270 of 2024 for the alleged offence under Section 138 of NI Act. The leaned counsel appearing for the petitioner submits that the petitioner filed a petition under Section 311 of Cr.P.C, recall PW.1 to confront the documents marked by PWs.2 and 3 which were marked as Ex.X1 and X2. 3. The learned Magistrate has considered the petition on merits and dismissed the same, aggrieved by the order passed by the learned Magistrate, the petitioner filed the present criminal petition and the learned counsel appearing for the petitioner submits that the documents which were marked on behalf of PWs.2 and 3 i.e., Ex.X1 and X2 are to be confronted with PW.1 and as such, the petition filed for recalling PW.1 was filed. It is submitted that the documents which were marked through PWs.2 and 3 relating to the bank account maintained by the 2nd CRLP.No.5094 of 2024 respondent herein with the respondent bank. The learned Magistrate has considered the issue and also gave the finding that the petitioner had cross examined the PWs.2 and 3 and that the PW.1 was cross examined at length and that the petitioner has filed the petition only to delay the due process of law. 4. Considering the facts, the Court had dismissed the petition filed by the petitioner under Section 311 of Cr.P.C., to summon the Branch manager, SBI, Sriharipuram Branch, Visakhapatnam, to produce the statement of account of the complaint on 26.12.2023. Admittedly the complainant had not examined the Branch Manager, YES Bank, NAD, Visakhapatnam. The learned Magistrate has dismissed the petition after considering gone into the cross examination of PWs.2 and 3. 5. On these grounds, this Court finds that the learned Magistrate has passed a well-reasoned order. The order under challenge does not require any interference. Accordingly, the criminal petition is dismissed. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N Dt.03.04.2025 KGM CRLP.No.5094 of 2024 252 THE HON’BLE SRI JUSTICE HARINATH. N CRIMINAL PETITION No.5094 of 2024 Dated 03.04.2025 KGM