Decided on December 16,2013

Mahant Vedanand Saraswati Appellant
Devendra Kumar Mittal Respondents


- (1.) Complainant (respondent herein) filed a criminal complaint case against two named accused, including the present applicant, under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the Act) in the court of Chief Judicial Magistrate, Dehradun. The complainant filed affidavit alongwith the documents in support of his complaint. A cheque given by the accused to the complainant was dishonoured by the bank due to insufficiency of funds. After having gone through the documentary evidence etc., the Additional Chief Judicial Magistrate 2nd, Dehradun found a prima facie case against the accused and he was summoned to face the trial, vide order dated 24.10.2009. In the course of evidence, complainant entered into the witness-box to support the contents of his complaint filed by him. He was cross-examined by learned counsel for the accused on 22.04.2010. The evidence of PW1 was closed.
(2.) An application under Section 311 Cr.P.C. was thereafter moved on behalf of the accused on 07.05.2010 for granting him permission to further cross-examine PW1. Such an application was objected to by the complainant. Written objections were filed on his behalf. After hearing learned counsel for the parties, learned Additional Chief Judicial Magistrate 2nd, Dehradun dismissed the said application (paper no.34 ka), vide order dated 26.05.2010.
(3.) Aggrieved against the same, a criminal revision was preferred before the Sessions Judge, which was dismissed, vide judgment and order dated 15.10.2010 passed by the Additional Sessions Judge 4th, Dehradun. Still aggrieved against the same, present application under Section 482 Cr.P.C. was filed by the accusedapplicant.;

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