BANSAL TRADERS Vs. MANMOHAN SINGH

JUDGEMENT

(1.) The above mentioned seven petitions between the same parties have been brought by M/s Bansal Traders through its partner Anand Bansal under the provisions of section 482 Cr.P.C. for quashing of order dated 19.1.2013 passed by learned Judicial Magistrate Ist Class, Hoshiarpur whereby application under section 311 Cr.P.C. for recalling Anand Bansal (CW-4) for further cross-examination has been allowed.

(2.) Seven complaints under section 138 of Negotiable Instruments Act, 1881 (for short, "the Act) have been brought by M/s Bansal Traders against Manmohan Singh. In the said complaints, Anand Bansal has made a statement by way of his affidavit in his examination in chief and had been cross-examined twice. Despite it, Manmohan Singh filed an application under section 311 Cr.P.C. for recalling Anand Bansal (CW-4) for further cross-examination.

(3.) Manmohan Singh has claimed that his previous counsel could not put material questions to the witness, who has been a partner of M/s Bansal Traders. He has mentioned those questions which could not be put to Anand Bansal. Elaborating the point, it has been mentioned in the application that in fact, Kamal Kumar Bansal, the other partner of the firm is the real brother of the witness and it is Kamal Kumar Bansal who is doing the business of the firm and was dealing with the accused.