- (1.) Present petition is filed by the accused assailing the order dated 28.9.2010 passed by teamed Judicial Magistrate Fast Class, Jalandhar, thereby rejecting the application moved by the accused under Section 311 of the Code of Criminal Procedure for recalling the complainant for furthercross examination in a case under Section 138 of the Negotiable Instruments Act.
(2.) Record reveals that the complainant was examined in the year 2006 and his cross-examination was concluded in the year 2007. Thereafter, case was listed time to time for final arguments. Present application was moved in the year 2009 seeking recall of the complainant for further cross-examination to explain the facts regarding issuance of the cheque in question and its dishonour and intention behind.
(3.) Section 311 Code of Criminal Procedure reads as under: "311.Power to summon material witness, or examine person present- Any Court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person as a witness, or examine any person in attendance, though not summoned as a witness, or recall and re-examine any person already examined; and the Court shall summon and examine or recall and re-examine any such person if his evidence appears to it to be essential to the just decision of the case.";