RAJKUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present criminal misc. Petition under Sec. 482 of Code of Criminal Procedure has been filed by the petitioner Rajkumar against the order dtd. 6/9/2021 passed by learned Additional Sessions Judge, No.3, Chittorgarh by which the revision petition filed by the petitioner has been dismissed and upheld the order dtd. 25/2/2020 passed by Additional Judicial Magistrate, Chittorgarh rejecting the application filed by the accused petitioner under Sec. 311 Cr.P.C.for re-examination.

(2.) Brief facts of the case are that the respondent complainant filed a complaint under Sec. 138 N.I. Act stating therein that the petitioner had taken a loan of Rs.11,12,000.00 for his domestic expenses and executed an agreement dtd. 11/8/2015. It was further stated that the accused handed over three post dated cheques in the sum of Rs.4,00,000.00, Rs.4,12,000.00 and Rs.4,00,000.00. However, when the said cheques were presented in the Bank, the same were dishonoured. Thereafter, the complainant sent a legal notice and later on a complaint was registered under Sec. 138 of the N.I. Act.

(3.) After registration of the complaint, the complainant was examined as AW/1 and counsel for the petitioner cross-examined the complainant. The petitioner was examined before the trial court as DW/1 and the counsel for the complainant crossexamined the petitioner. Thereafter, the petitioner moved an application before the trial court with the prayer that since his previous counsel had not cross-examined the complainant on the issue of agreement Ex.P/15 and he has now changed the counsel, therefore, the complainant may be recalled for cross-examination.