- (1.) Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.' for short) for quashing of the order dated 18.4.2009 (Annexure P-3) passed by the Appellate Court whereby the application under Section 311 Cr.P.C. moved by respondent No.1 permitting further crossexamination of CW-4 and CW-5 was allowed.
(2.) Petitioner had filed the complaint under Section 138 of the Negotiable Instruments Act, 1881 ('Act' for short) against M/s S.S. Rice Mill, Sangrur Road, Dhuri and respondent No.2 being its proprietor. The complaint was filed qua dishonour of cheque dated 30.9.1999 in the sum of Rs. 5,00,000/- and cheque dated 15.10.1999 in the sum of Rs. 5,60,000/-. Parties led their evidence before the trial court. The trial court vide judgment/order dated 15.11.2008 convicted and sentenced the accused qua the commission of offence punishable under Section 138 of the Act. Aggrieved by the same, accused preferred an appeal before the Sessions Court.
(3.) During the pendency of the appeal, respondent No.2 moved an application under Section 311 Cr.P.C. for resummoning PW-4 J.P.Kakria and PW-5 Pawan Kumar Mittal for further cross-examination. In the application, it was averred that further cross-examination of the said witnesses was very necessary for the just decision of the case as they had to be cross examined on the point as to whether the petitioner had already received the rice weighing 1693.90 quintals.;