RAJINDER SINGH Vs. JAGTAR SINGH

JUDGEMENT

(1.) Petitioner Rajinder Singh has preferred this petition against respondent Jagtar Singh under Section 401 Cr.P.C. against the order dated 05.12.2014, passed by the learned Additional Sessions Judge, Chandigarh.

(2.) Brief facts of the case are that the learned trial Court decided the complaint of complainant-petitioner under Section 138 of the Negotiable Instruments Act vide order dated 21.01.2014 whereby accused-respondent was sentenced to undergo rigorous imprisonment for a period of 1 year and to pay compensation to the tune of Rs.9,75,000/- to complainant.

(3.) Against that order, the accused-respondent preferred an appeal in which an application under Section 391 Cr.P.C. for additional evidence was moved by him which was allowed by the learned Appellate Court vide order dated 17.10.2014 and Manjit Kaur, sister of petitioner-complainant, was allowed to be examined. It is stated in the revision petition that Manjit Kaur has appeared before the learned Appellate Court on 05.12.2014 and she took wrong plea that she is going back to United Kingdom on the very next day. The learned counsel for the petitioner-complainant requested numerous time that his counsel is busy in different Courts and he himself could not examine the said witness but the learned Appellate Court while setting aside all the requests of the petitioner, declared the crossexamination of Manjit Kaur as nil.