CHOTELAL Vs. TARABAI

JUDGEMENT

(1.) As per the facts narrated in the petition, the non-applicant had filed an application under Section 125 of Cr. P. C. and she in her examination and cross-examination has exhibited eight documents from Exhibit-P/1 to P/8 and after closure of her cross- examination, the applicant led his evidence but in his cross- examination, non-applicant confronted him with documents and these documents were from Exhibit-P/9 to P/28, P/30 to P/33, P/40 and P/41 to P/47.

(2.) The applicant's counsel raised his objection regarding admissibility of these documents but the Court rejected the objections. Thereafter, the applicant filed an application under Section 311 of Cr. P. C. praying for calling the non-applicant Tarabai for her re-cross-examination on the point of subsequent documents exhibited but this application was also rejected vide impugned order and hence this petition has been filed under Section 482 of Cr. P. C.

(3.) It has been stated that the order dated 11. 12. 2018 is not based on proper appreciation of facts and circumstances and the Court failed to see that by bringing in new documents in the memorandum of applicant, the applicant shall loose the opportunity to cross-examine the non-applicant regarding these documents. Learned Trial Court also failed to see that the documents were produced deliberately at subsequent stage during cross-examination of the applicant so that the applicant may not get opportunity to cross-examine the non-applicant regarding these documents and it is prayed that he be allowed to cross- examine the non-applicant and the impugned order be set aside and his application filed under Section 311 of Cr. P. C. be allowed.