BALWANT RAI Vs. HITESH MALHOTRA

JUDGEMENT

(1.) Balwant Rai, who is accused in criminal complaint (Annexure P-1), filed by respondent-complainant Hitesh Malhotra, under Sec. 138 of the Negotiable Instruments Act, 1881, has filed this petition under Sec. 482 of the Code of Criminal Procedure (in short Cr.P.C.), impugning order dated 11.02.2013 (Annexure P-6) passed by learned trial Magistrate thereby dismissing application (Annexure P-4) moved by the petitioner-accused under Sec. 311 Crimial P.C. for recall of the respondent-complainant for further cross-examination.

(2.) The petitioner alleged in the application (Annexure P-4) that his previous counsel did not ask some material questions to the complainant in his cross-examination and did not confront him with some documents, and therefore, complainant is required to be recalled for further cross-examination.

(3.) Complainant, in his reply (Annexure P-5), controverted the averments of the accused-petitioner.