AI Structured Summary
Not yet generated for this judgment
Judgment
Challenging the order, dated 20.02.2026 passed in Crl.M.P.Nos.2590 and 2591 of 2025 in C.C.N.I.No.327 of 2023 by the learned VIII Judicial Magistrate of First Class, Manoranjan Complex, Hyderabad (for short, 'trial Court'), this criminal petition is filed. By the impugned order, the applications filed by the petitioners under Section 311 Cr.P.C. seeking to reopen the evidence and recall PW1 for further cross-examination, were dismissed.
Heard Mr. P.Srujan, learned counsel representing Mr. T.Bala Mohan Reddy, learned counsel for the petitioners-accused Nos.1 to 3, Mr. Gudi Satyanarayana, learned counsel for respondent No.2- de facto complainant and Mr. M.Vivekananda Reddy, learned Assistant Public Prosecutor for the State-respondent No.1. Perused the material on record.
Case of the petitioners is that C.C.N.I.No.327 of 2023 was filed against them for the offence under Section 138 of the Negotiable Instruments Act, 1881. During the course of evidence, PW1 was cross examined on 31.01.2025 and since respondent No.2-complainant reported no further evidence, the evidence was closed and matter was posted for examination of the accused under Section 313 of Cr.P.C. Further case of the petitioners is that since their counsel in the trial Court has left out some important questions and suggestions with regard to exhibits during the cross examination of PW1, they have filed applications seeking to reopen the evidence and recall PW1, but the same were dismissed by the trial Court on 20.02.2026. Challenging the same, the present criminal petition is filed by the petitioners-accused Nos.1 to 3.
Learned counsel for the petitioners submits that as per Section 311 of Cr.P.C., Court may at any stage of proceedings can re-summon any person, if his/her evidence appears to be essential for just decision in the case. Hence, prayed to allow the petition.
On the other hand, learned counsel for respondent No.2 opposed for the same.
Having regard to the facts and circumstances of the case and considering the submissions made by the learned counsel for the petitioners, for proper adjudication of the matter and to give one more opportunity to the petitioners, this Court is inclined to allow the Criminal Petition by setting aside the impugned order, dated 20.02.2026. The trial Court is directed to issue summons to PW1 by fixing a date and the learned counsel appearing for the petitioners/accused in the trial Court is directed to cross examine PW1 on the date specified by the trial Court, in default, his evidence stands closed.
Accordingly, this Criminal Petition is allowed.
Miscellaneous applications, if any pending, shall also stand closed.