VIJAY GROVER Vs. M/S MALIK FINANCE COMPANY

JUDGEMENT

(1.) The petitioner assails order dtd. 21/11/2023 (Annexure P-4) passed by the learned Judicial Magistrate Ist Class, Yamuna Nagar at Jagadhri, vide which an application filed by the petitioner for recalling the respondent/complainant for further cross-examination has been declined.

(2.) The petitioner is arrayed as an accused in the complaint under Sec. 138 of the Negotiable Instruments Act filed by the respondent with respect to dishonor of a cheque for an amount of Rs.4.00 lakhs which the petitioner had allegedly issued in discharge of his liability i.e. to return the loan amount.

(3.) After the complainant had concluded his evidence, the statement of the petitioner/accused in terms of Sec. 313 Cr.P.C. was recorded on 20/12/2022. Thereafter, the petitioner availed some opportunities for leading defence evidence, but later filed an application under Sec. 311 Cr.P.C. seeking recalling of the complainant for further cross-examination. The said application dtd. 19/9/2023 was, however, dismissed by the learned Judicial Magistrate Ist Class vide impugned order dtd. 21/11/2023 (Annexure P-4), which is being assailed in this Court.