- (1.) Petitioners have filed this petition under Section 482 of the Code of Criminal Procedure, 1973 ('Cr. P.C.' for short) challenging the orders dated 24.8.2012 (Annexure P-1) and 28.2.2012 (Annexure P-2) whereby the application filed by the petitioner under Section 311 Cr. P.C. was dismissed. Respondent has filed a complaint against the petitioner under Section 138 of the Negotiable Instruments Act, 1881 with regard to dishonour of cheque dated 15.11.2008 in the sum of Rs. 2,00,000/-. Complainant led his evidence and thereafter, statement of the petitioner was recorded under Section 313 Cr. P.C. Thereafter, an application was filed by the petitioners under Section 311 Cr. P.C. for recalling the respondent for further cross examination. The Trial Court dismissed the said application vide impugned order dated 28.2.2012 (Annexure P-2). Revision petition filed by the petitioner against the said order was dismissed vide order dated 24.8.2012 (Annexure P-1). Hence, the present petition.
(2.) After hearing the learned counsel for the petitioners, I am of the opinion that the instant petition deserves dismissal. Section 311 Cr. P.C. 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.
(3.) Thus, as per the above provision, the Court has ample power to recall a witness for further examination if it is necessary for the just decision of the case.;