A.K. MALHOTRA Vs. H.K. DASS

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure is directed against the order dated February 18, 2005 passed by the learned Judicial Magistrate 1st Class, Chandigarh dismissing the application moved by the petitioner under Section 311 of the Code of Criminal Procedure for recalling the respondent-complainant for his further cross-examination. The impugned order (Annexure P-6) reads as under :-

(2.) MR . A.K. Chopra, learned Sr. counsel appearing on behalf of the petitioner has challenged the order primarily on the ground that further cross- examination of the complainant was essential for the just decision of the case. Though, no ground for recalling was made in the application under Section 311 Cr.P.C. The learned Senior Counsel appearing on behalf of the petitioner referred to the rejoinder filed by the petitioner wherein it was asserted as under : -

(3.) THE leaned Senior counsel appearing on behalf of the petitioner also placed reliance on the judgments of Hon'ble Madhya Pradesh High Court in the case of Deen Dayal Soni v. Smt. Pancho Bai, 2002(3) RCR (Criminal) 357, Delhi High Court in the case of Shri Sat Devo Jain v. M/s Investment Point 2002(1) RCR (Criminal) 402, judgment of the Madras High Court in the case M/s Bindu Industries and another v. Soundarya Leasing and Hire Purchase (P) Ltd., 2003(4) RCR (Criminal) 826, which also laid down law, referred to above.