MANJUBALA PATTNAIK Vs. GYANARANJAN BEHERA

JUDGEMENT

(1.) Heard learned coun-sel for the petitioner and learned counsel for opposite party. Perused the records. The case is disposed of at the stage of admission keeping in view the limited nature of prayer made.

(2.) The accused in 1 C.C. No.222 of 2003 of the Court of S.D.J.M., Panposh, Rourkela has assailed the order passed by the learned trial Court on 17.11.2007 rejecting his prayer under Section 311 of the Criminal Procedure Code (hereinafter referred to as the 'Code' for brevity). This is a case under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the 'Act' for brevity). On 17.11.2007, the accused filed an application before the learned trial Court to recall PW1 for further cross-examination, in view of the fact that, a disputed document has been enclosed in ICC No. 67 of 2003, which has been filed by the complainant himself and limited question are to be askedthereon. Learned S.D.J.M., has rejected the petition mainly on two grounds, i.e. first, there is a delay in filing the petition to recall the witness, and the second ground is that the document is a Xerox copy of the agreement which cannot be admitted into evidence.

(3.) Learned counsel for the petitioner submits that there was an agreement between the parties in which money was advanced on which interest was to be charged. Such fact can be borne out from the said docu-ment filed in 1 CC No 67 of 2003. On the prayer of the accused, the said case bearing 1 CC No. 67 of 2003 was called for but the lower court refused to recall PW1 for fur-ther cross-examination. Therefore, he prays that the revision application should be al-lowed.