KANTA GOEL Vs. ATUL GUPTA

JUDGEMENT

(1.) The present petition under Sec. 482 Cr.P.C. has been filed by the petitioner with the following prayers:

(2.) Briefly stated, the facts of the case are that on 4/7/2013, the complainant/petitioner had filed a complaint against the accused/respondent under Sec. 138 and 142 of the Negotiable Instruments Act, 1881 before the Ld. CMM, North-West, Rohini Court for returning of cheque bearing No. 023016 dtd. 25/3/2013 for a sum of Rs.15,10,000.00 for the reason 'Funds Insufficient' vide return memo dtd. 26/4/2013.

(3.) Vide impugned Order dtd. 20/7/2022, respondent/accused moved an application under Sec. 311 Cr.P.C for recalling of CW-1 (petitioner herein) as CW -1 was not sufficiently cross examined with respect to her source of income and financial capacity to extend the loan in question and the Ld. Trial Court allowed the said application while observing that though an application under Sec. 311 Cr.P.C cannot be filed for filling the lacunas in the case of any of the parties, however, in the present case the cross examination of the complainant is essential for fair adjudication of the present case. Thereafter, the petitioner filed Crl. Revision No. 227/2022 before Ld. District & Session Judge North-West, Rohini Court, Delhi against the order dtd. 20/7/2022 and vide impugned Order dtd. 8/12/2022, the same was dismissed by Ld. Principal District and Session Judge, North-West, Rohini Courts with the observation that recalling of complainant for her recross-examination is essential for the just and proper adjudication this case.