CHANDER MOHAN MONGA Vs. STATE OF RAJASTHAN
HIGH COURT OF RAJASTHAN
Chander Mohan Monga
STATE OF RAJASTHAN
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Manoj Kumar Garg,J. -
(1.) The present misc. petition has been filed by the petitioner against the order dated 29.06.2017 passed by the learned Addl. Disst. and Sessions Judge No. 1, Sriganganagar whereby learned judge dismissed the revision petition filed by the petitioner and upheld the order dated 24.05.2017 passed by Learned Judicial Magistrate No. 2, Sriganganagar whereby learned trial court rejected the application filed by the petitioner under Section 311 Cr.P.C.
(2.) Learned counsel for the petitioner submits that the learned court rejected the application filed by the petitioner under Section 311 Cr.P.C. only on the ground that the evidence of the complainant has been completed and he has already cross examined by the petitioner. Counsel for the petitioner further submits that in connection with the disputed cheque, a dispute was arose between the petitioner and Iqbal Singh who is brother-in-law of the respondent No. 2-complainant. The petitioner and Iqbal Singh had worked in partnership for quite some time and when dispute was arose, the said Iqbal Singh filed a complaint on 07.01.2015 before the Superintendent of Police, Distt. Fazilka, Punjab. It is submitted that the dispute was resolved amicably and Iqbal Singh had admitted that he is having two more cheques besides the disputed cheque. So in this light cross-examination should have been done from the respondent No. 2-complainant. In such circumstances, the application under Section 311 filed by the petitioner may kindly be allowed.
(3.) Per contra, the learned Public Prosecutor and counsel for the respondent No. 2 have vehmentally opposed the prayer made by the counsel for the petitioner and submitted that the order passed by the learned Court below does not suffer from any infirmity. Hence, no interference is called for from this Court.;
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