GURVINDER SINGH Vs. SURINDER SINGH USAN

JUDGEMENT

(1.) Correctness of the order passed by learned Additional Sessions Judge Patiala, while setting aside the order passed by the learned Judicial Magistrate Ist Class, Patiala, has been assailed.Some facts are required to be noticed.

(2.) In the criminal complaint filed under Section 138 of the Negotiable Instruments Act, 1881 by the respondent-complainant, application for recalling complainant-CW1 for further cross-examination was allowed by the Judicial Magistrate Ist Class. An application under Section 311 Cr.P.C. was filed and the reasons for recalling the complainant as stated in para 3 of the application are extracted as under:-

(3.) Of course, it was also stated in the application that counsel has been changed as the previous counsel has failed to defend the case properly. The application was allowed by the Judicial Magistrate Ist Class while giving following reasons:-