- (1.) Heard Sri Pranjal Krishna, learned counsel for the applicant, Sri Ankur Mehrotra, learned counsel for the opposite party no. 3 and learned A.G.A. for the State.
(2.) The present 482 Cr.P.C. application has been filed to set aside the impugned order dated 24.10.2018 passed by the District and Sessions Judge, Chandauli in Criminal Revision No. 52 of 2018 whereby the revision filed by the accused/O.P. No.2 was allowed, the order dated 20.08.2018 passed by the Chief Judicial Magistrate, Chandauli in Criminal Case No. 3772 of 2014 (Agarwal Fuel Corporation Pvt. Ltd. Vs. Shree Ganesh Coal Enterprises and another), under Section 138 of the Negotiable Instruments Act, rejecting the application under Section 311 Cr.P.C. was set aside and the trial court was directed to reconsider the application of the accused/ O.P. No.2 under Section 311 Cr.P. C. afresh.
(3.) It reflects from the record that in a proceedings under Section 138 of the N.I. Act initiated by the applicant against the accused/O.P. No.2, the accused/O.P. No.2 was summoned. Subsequently, the trial commenced and the statement of complainant's witnesses have been recorded. During the pendency of the trial, an application under Section 311 Cr.P. C. was filed from the side of the accused/O.P. No.2 for recalling of the witness. The said application was rejected by the Magistrate vide order dated 20.08.2018 on the ground that the application for recalling the witness has been moved with a view to fill up the lacunae in the cross-examination, which is not permissible under the law. The Magistrate also recorded a finding that the accused is delaying the proceedings and therefore, there is no justification to allow such application.;