JASBIR SINGH Vs. DATA RAM

JUDGEMENT

(1.) ACTUAL date notice was issued to the respondent, but nobody appears on his behalf.

(2.) THE petitioner challenges the order passed by the learned Trial Court on 10.11.2009, dismissing two applications instituted by the petitioner herein, namely, one under Section 45 of the Evidence Act and another under Section 311 of the Code of Criminal Procedure.

(3.) THE learned Trial Court has rejected this application primarily on the basis that the evidence of the petitioner is complete and the case has been fixed for final arguments. The second ground for rejecting the application is that expert opinion about the hand writing is not clinching evidence. 5. In the second application under Section 311 of the Code of Criminal Procedure, the petitioner seeks permission to examine the concerned Clerk from the Ananta Cement Factory at Patti Natha Singh, Paonta Sahib, Distt. Sirmour, H.P alongwith record to establish that at the relevant time, petitioner was gainfully employed there and was not conducting his private business, which would go to the root of the case.