PARAMJIT SINGH Vs. STATE OF PUNJAB AND ANR.

JUDGEMENT

(1.) THIS is a petition under Section 482 Code of Criminal Procedure for quashing of the impugned order dated 05.03.2010 (P1) passed by the Judicial Magistrate Ist Class, Ludhiana, vide which, application filed by the Petitioner for recalling the complainant has been dismissed.

(2.) IT is contended by the learned Counsel for the Petitioner that the complainant - Respondent No. 2 (Ajmer Singh Matharoo) was partly examined in chief on 28.02.2006 and his further examination in chief was deferred as the witness had not brought the copy of the sale deed. PW was bound down for the next date and he was directed to bring the entire record and case was adjourned for 25.03.2006. On the next date of hearing, complainant did not appear before the trial Court. After a gap of 2 1/2 years, complainant/Respondent No. 2 moved an application for transfer of the case before Shri G.K. Rai, Sessions Judge, Ludhiana and case was transferred to the Court of Shri K.K. Bansal, JMIC, Ludhiana. The counsel for the Petitioner appeared in the Court and moved an application for exemption on behalf of accused Avtar Singh. The personal appearance of the accused Avtar Singh was exempted by the trial Court.

(3.) LEARNED State counsel, on the other hand, vehemently opposed the prayer made by the Petitioner on the ground that Respondent/complainant is residing abroad and it is very difficult to get his presence secured. It is further submitted that the Petitioner was afforded sufficient opportunities to cross examine the complainant but he failed to do so. As such, no further opportunity should be granted to the Petitioner.