NEELAM Vs. RAJINDER KUMAR AND ORS.

JUDGEMENT

(1.) THIS petition challenges the legality of the order passed by the learned trial Magistrate dismissing the revision petition instituted by her against the order passed by the learned Judicial Magistrate, Court No. 1 Sunder Nagar, rejecting her application for leading additional evidence.

(2.) THE Petitioner herein is being tried for offences under Section 138 of the Negotiable Instruments Act. She preferred an application before the learned Judicial Magistrate praying that permission be granted to her under Section 311 Code of Criminal Procedure to recall the complainant for further cross -examination. The application reads:

(3.) THE learned Magistrate by his order dated 25.9.2010, holds that the complainant -Rajinder Kumar was cross examined at length on 5.6.2010 and nothing material could be established. On the question of source of income, whether the amount was withdrawn from the Bank, this question had already been put to the complainant in cross examination. Simply stating that there have been no effective cross -examination is no ground for exercising discretion under Section 311 Code of Criminal Procedure In revision, learned Additional Sessions Judge, dismissed the revision petition holding that revision was not maintainable under Section 311 Code of Criminal Procedure.