RAMDAYAL Vs. JUDICIAL MAGISTRATE, FIRST CLASS & ANR.

JUDGEMENT

(1.) This petition under Section 482 has been filed against the order 30.10.2013 passed by Judicial Magistrate, First Class, Nadbai Distt. Bharatpur in Cr. Case No. 283/2011 whereby the court below has dismissed his application for cross-examination.

(2.) The short facts of the case are that petitioner is facing trial under Section 138 of the Negotiable Instruments Act (in short NI Act) before the court below. During the trial of the case, application under Section 311 Cr.P.C has been filed that complainant be called for further cross-examination as some important questions regarding documents could not be put to him which was rejected by the court below hence this petition.

(3.) The contention of the petitioner is that agreement and compromise deed has been entered between the parties and for the same, no question could be asked to the complainant, hence in the interest of justice, he could be recalled. Per contra, the learned Public Prosecutor has opposed the application.