PARAMJEET SINGH CHADHA Vs. HIDAYAT ALI

JUDGEMENT

(1.) By this petition, the petitioner challenges the order passed by the learned trial Court (learned Judicial Magistrate 1st Class), dated 22.08.2019, by which the application filed by the complainant, in terms of Section 311 of the Cr.P.C, has been allowed, thereby further allowing another witness, Sh. Somvir, to be examined, with summons ordered to be issued to secure his presence.

(2.) The reasoning given by the trial Court is that during the cross-examination of the complainant as regards the fund from which he gave the loan amount in question to the petitioner (accused), the name of the aforesaid Somvir had come forth (as the person from whom such fund had been obtained) and therefore it was considered necessary by that Court that the said witness be allowed to be examined.

(3.) On 29.10.2019, the following order had been passed:- "Learned counsel for the petitioner would address arguments in terms of any judgment that he wishes to cite, that the trial court could not have, on the basis of cross-examination of the complainant, allowed the application filed under Section 311 of the Cr.P.C, to examine a witness whose name had "come out" in the cross-examination of the complainant. Adjourned to 07.11.2019."