- (1.) This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C. for short) for quashing of order dated 21.7.2010 (Annexure P-5), whereby, application filed by the petitioners under Section 311 Cr.P.C. was dismissed by the trial Court.
(2.) Learned counsel for the petitioners has submitted that it was very essential for the just decision of the case that the handwriting on the cheque in question be got compared with the handwriting of the complainant. In fact, the body of the cheque in question had been filled in by the complainant himself. Learned counsel for the respondent, on the other hand, has submitted that the defence evidence of the petitioners was closed by the trial Court vide order dated 15.7.2009. Due to inadvertence, the case was later adjourned for defence evidence of the petitioners on 15.9.2009 as the case was transferred to another court.
(3.) After hearing learned counsel for the parties, I am of the opinion that the present petition deserves to be dismissed. Section 311 Cr.P.C. reads as under:- "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 reexamine any such person if his evidence appears to it to be essential to the just decision of the case." ;