(1.) The petitioner has approached this Court assailing order dated 2.12.2017 whereby an application under Section 311 Cr.P.C. filed by the petitioner has been dismissed by the Court of learned Additional District Judge, Jalandhar.
(2.) The petitioner/accused faced trial before the Court of Judicial Magistrate Ist Class, Phillaur for an offence under Section 138 of Negotiable Instruments Act wherein he was held guilty and sentenced to undergo rigorous imprisonment for 2 years and was imposed fine amounting to '2,000/- vide judgment dated 19.07.2016.
(3.) The petitioner, aggrieved with the aforesaid judgment preferred an appeal in the Court of Sessions, Jalandhar. During the course of pendency of this appeal, which was pending in the Court of learned Additional District Judge, Jalandhar, the petitioner filed an application under Section 311 Cr.P.C. (Annexure P-2) seeking recalling of the complainant so as to enable the petitioner to further cross-examine him.