APHC010343072024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3368] WEDNESDAY, THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI CRIMINAL PETITION NO: 5506 of 2024 Between: Desu Rajasekhar Reddy ...PETITIONER/ACCUSED AND Pothula Navaneeswara Reddy and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1. N RAVI PRASAD Counsel for the Respondent/complainant(S): 1. PAPUDIPPU SASHIDAR REDDY 2. PUBLIC PROSECUTOR The Court made the following order: This Criminal Petition is filed by the petitioner herein/Accused under Section 482 of Cr.P.C., to quash the order dated 27.06.2024 in Crl.M.P.No.242 of 2024 in C.C.No.811 of 2020 on the file of the learned II Additional Judicial Magistrate of First Class, Kadapa. 2. Heard Sri N.Ravi Prasad, learned counsel for the petitioner appearing through Video Conference, Sri Papudippu Sashidar Reddy, 2 learned counsel for the unofficial respondent No.1 and learned Additional Public Prosecutor representing the State. 3. Learned counsel for the petitioner would submit that the petitioner is an accused in C.C.No.811 of 2020 on the file of the learned II Additional Judicial Magistrate of First Class, Kadapa. Now the case is at the stage of arguments before the learned Magistrate. Learned counsel for the petitioner would submit that due to inadvertent mistake, learned counsel appearing on behalf of the petitioner before the trial Court could not cross-examined PW1 earlier, on the aspects relating to receipt of legal notice and financial capacity of the complainant to advance the amount due under the promissory note which are two important aspects relevant to the case, as the offence is under Section 138 of Negotiable Instruments Act, 1881. Therefore, the petitioner filed the impugned application vide Crl.M.P.No.242 of 2024 under Section 311 Cr.P.C to recall PW1, for further cross-examination on the above two aspects. But the learned Magistrate failed to consider the same and refused the application. Hence, the present Criminal Petition. 4. Considering the facts and circumstances, this Court is of the considered opinion that an opportunity can be given to petitioner, for further cross-examination of P.W-1 only (i) on legal notice issued under Section 138 of NI Act and (ii) financial capacity of the complainant, on 3 a condition that the petitioner shall pay an amount of Rs.10,000/- (Rupees Ten Thousand Only) to the District Legal Services Authority, Kadapa, within a period of two (02) weeks from the date of receipt of copy of the order. On such payment, the learned Magistrate is directed to fix a date, for further cross-examination of PW1, on the above two aspects only and on that particular date, the petitioner shall complete the further cross-examination of PW1, without fail. 5. Accordingly, the Criminal Petition is allowed. As a sequel, interlocutory applications pending, if any, shall stand closed. JUSTICE B.V.L.N.CHAKRAVARTHI Date: 12.02.2025 RMD/PSA 4 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI Criminal Petition No:5506 OF 2024 Date: 12.02.2025 RMD/PSA