KAPIL KUMAR SHARMA Vs. MOHAMMED ARIF KHOKHAR

JUDGEMENT

(1.) By this petition, a challenge is made to the order dated 19.02.2015, by which application submitted by the petitioner under Sections 45 & 73 of Evidence Act read with Sections 294 & 311 of Crimial P.C. was dismissed.

(2.) It is a case where a complaint under Sec. 138 of Negotiable Instruments Act, 1881 (in short "the Act") was filed. The issue has been dealt with by the court below in detail. After cognizance of offence, the application was submitted on 23.10.2010 to call the registered sale deed of the land along with cheque No. 529856 for the purpose of admission and denial. The court found that complainant has already appeared for cross-examination and therein, the petitioner was at liberty to ask the relevant question in the cross-examination. No question was raised to the complainant in respect of issue taken up in the application. The application aforesaid was even for recall of the witnesses in reference to certain facts came in the knowledge of the petitioner later on. The court below did not accept the aforesaid prayer as cross-examination of the witnesses was made by asking all relevant question and recall cannot be allowed on the ground raised by the petitioner. The application was dismissed accordingly. It was also found that application was submitted with the delay. Taking into consideration the reasons for rejection of the application, I do not find any illegality or error in the order.

(3.) The petition finding no merit is accordingly dismissed.