- (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 23.12.2010 (Annexure P-7), whereby, application filed by the petitioner under Section 311 Cr.P.C. for re-calling PW Sandeep Talwar for further cross-examination was dismissed by the trial Court.
(2.) Respondent No.1 has filed the complaint under Sections 406, 420 IPC and 138 of the Negotiable Instruments Act, 1881 against the petitioner with regard to dishonour of cheque No. 0760771 dated 15.12.2002 in the sum of Rs. 9,00,000/-. During the pendency of the trial, petitioner moved an application for recalling PW Sandeep Talwar for further cross-examination.
(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." ;