PAWAN KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has preferred this criminal misc. petition under Sec. 482 Cr.P.C. seeking the following relief:-

(2.) Brief facts of the case are that the respondent No. 2 filed a complaint under Sec. 138 of the Negotiable Instruments Act, 1881 in which the trial Court recorded the evidence of PW 1 Om Prakash and thereafter recorded the evidence of the accused. The present petitioner accused filed an application under Ss. 91 and 311 Cr.P.C. for recalling the respondent No. 2. It was stated that the complainant has not submitted any record or documents regarding transaction of the alleged amount of Rs.15.00 lakhs and has also not submitted any income tax details and other documents which could prove that the complainant had no capacity to pay Rs.15.00 lakhs. The learned trial Court rejected the said application of the petitioner vide impugned order dtd. 16/1/2019.

(3.) After collecting such evidence, if any adduced by the accused, the trial Judge shall dispose of the case afresh in accordance with law and untrammelled by any findings or observations made in the judgment of the trial court or that of the High Court."