AMARNATH Vs. STATE OF U P & ANOTHER

JUDGEMENT

(1.) This criminal revision has been directed against the order dated 6.11.2015 passed by the Judicial Magistrate Court No.1, Varanasi in complaint case no. 416 of 2009 under Section 138 Negotiable Instrument Act, P.S. Lanka, District Varanasi whereby the application under Section 311 CrPC has been rejected.

(2.) Heard Shri Ankit Kapoor, learned counsel for the revisionist as well as the learned AGA appearing for the State and perused the record.

(3.) It was submitted by the learned counsel for the revisionist that some new fact has been disclosed by the witness but cross-examination on that point could not be done. It was further submitted that details of new cheques have not been made by the witness. Therefore, it is necessary to put question from the witness to make it clear. The court below illegally rejected the application on insufficient ground. If the revisionist is not permitted to re-cross examine the witness on the point mentioned in the application, irreparable loss would be caused to him.