MONIS KHAN Vs. VINOD KUMAR

JUDGEMENT

(1.) The present petition is directed against the order dtd. 25/9/2018 passed by the Metropolitan Magistrate in CC No. 623630/2016 whereby the petitioner's application under Sec. 311 Cr.P.C. seeking recall of the complainant for cross-examination was dismissed.

(2.) Subsequently, the Addl. Sessions Judge vide order dtd. 27/10/2018 upheld the dismissal of petitioner's application filed under Sec. 311 Cr.P.C.

(3.) The petitioner is facing trial for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881. On 29/2/2016, the Metropolitan Magistrate framed notice against the petitioner. An application under Sec. 145(2) of the NI Act was filed on behalf of the petitioner which came to be allowed on 10/8/2016. The case was fixed from time to time and finally vide order dtd. 30/10/2017, the petitioner's right to cross-examine was closed and the matter was fixed for 11/1/2018. The petitioner moved an application under Sec. 311 Cr.P.C. on 6/12/2017 i.e. prior to the date fixed in the matter, however the same was dismissed on 25/9/2018.