RAJINDER KUMAR Vs. VIJAY KUMAR

JUDGEMENT

(1.) Present petition is filed by the accused assailing the order dated 28.9.2010 passed by teamed Judicial Magistrate Fast Class, Jalandhar, thereby rejecting the application moved by the accused under Section 311 of the Code of Criminal Procedure for recalling the complainant for furthercross examination in a case under Section 138 of the Negotiable Instruments Act.

(2.) Record reveals that the complainant was examined in the year 2006 and his cross-examination was concluded in the year 2007. Thereafter, case was listed time to time for final arguments. Present application was moved in the year 2009 seeking recall of the complainant for further cross-examination to explain the facts regarding issuance of the cheque in question and its dishonour and intention behind.

(3.) Section 311 Code of Criminal Procedure reads as under: