SUKHWANT KAUR Vs. AMRIK SINGH

JUDGEMENT

(1.) THIS order will dispose of the aforementioned petitions (CRM M 24576 and 24578 of 2013) as identical questions of law and facts are involved, between the same parties, for adjudication. However, for the sake of convenience, facts are being taken from CRM M 24576 of 2013.

(2.) THE petitioner is facing trial in proceedings under Sections 138 of the Negotiable Instruments Act, 1881 (in short, 'the Act') in a criminal complaint filed by Amrik Singh (Respondent herein) against M/s. Bhangu Trading Company and its partners, namely Amarjit Singh Bhangu and Sukhwant Kaur (petitioners herein). The petitioner filed an application under Section 311 of the Code of Criminal Procedure (in short, 'Cr.P.C.') for recalling Amrik Singh, complainant for further cross examination on the plea that certain material questions could not be put to the witness with regard to the petitioner being not the partner of the firm at the relevant time and no legal notice being issued to her. The application was dismissed by the trial Court and the revision petition preferred before the Court of Sessions also met the same fate.

(3.) COUNSEL for the petitioner, inter alia, contends that a serious prejudice would be caused to the petitioner, in case, she is not permitted to further cross examine the complainant to ask certain material questions which are relevant for decision of the case qua liability of the petitioner to face penal consequences due to dishonour of cheque. It is further submitted that those material questions could not be put to the witness due to inadvertent mistake.