VIJAY KUMAR Vs. RAMAN KUMAR @ GOLDY

JUDGEMENT

(1.) This petition is directed against the order dated 13.10.2010.

(2.) The grievance of the petitioner is in fact two-fold. First, that the learned Court below declined the prayer of the petitioner to summon a witness to admit and deny his signature by invoking the provisions of Section 294 of the Code of Criminal Procedure. The second aspect of the matter is confined to the declining of the exercise of jurisdiction by the learned trial court under Section 311 of the Code of Criminal Procedure.

(3.) At the time of making submissions, learned counsel for the petitioner very fairly contended that he is confining his arguments only to the limited extent to recall Kulwant Singh, the witness so as to enable him to exhibit the memo issued by the bank indicating the dishonouring of the cheque. He has stated that if the said witness is permitted to be recalled only on the aforesaid aspect, his grievance would be largely addressed.