KRIPLEX CHITS PVT LTD Vs. STATE OF DELHI
HIGH COURT OF DELHI
KRIPLEX CHITS PVT.LTD.,B.S.KATHURIA
STATE,ASHOK KUMAR SHARMA
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V.B.GUPTA, J. -
(1.) By way of present petition filed by the petitioners they have sought quashing of order dated 31st July, 2007, passed by Mr.M.K.Gupta, MM in complaint case, under Section 138 of the Negotiable Instrument Act, which is fixed for final arguments.
(2.) The petitioner moved an application under Section 311 CrPC for recalling of the complainant for his examination in respect of the audio cassette and it was also prayed that audio cassette be sent to the Scientific Forensic Laboratory. It has been stated in the application that DW-1 filed audio cassette containing conversation between the accused and the complainant wherein it was admitted by the complainant that he has received half the amount of the cheque in question. As the complainant was not confronted with the cassette during his cross-examination, the authenticity of the cassette was challenged and the cassette was claimed to be fabricated one. In these circumstances, it has become necessary that the complainant be recalled for examination only in respect of his voice and conversation and in case he denies the voice, the audio cassette be sent for its Scientific Analysis.
(3.) Vide impugned order, application under Section 311 CrPC was dismissed by the learned Magistrate.;
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