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2012 Supreme(Del) 1466

PRATIBHA RANI
Fantasy Fashion – Appellant
Versus
Asim Kumar Sinha – Respondent


Advocates appeared:
For the Petitioner:Ajay Vikram Singh, Advocate.
For the Respondents:Counsel for the respondent (Appearance not given)

Judgment :

PRATIBHA RANI, J.

1. The petitioner, who is an accused in Complaint Case no.1541/1 of 2005 under Section 138 Negotiable Instrument Act, has impugned the order dated 10.10.2011 passed in Criminal Revision No.202/2011.

2. Vide impugned order, learned ASJ, I/C Saket Courts, after considering the grounds on which the petitioner/accused wanted to recall CW-1 - the complainant for further cross examination, affirmed the order dated 29.07.2011 passed by learned Metropolitan Magistrate. The prayer to further cross examine CW-1 was declined for the reasons given in para 8 and 11 of the impugned order which are extracted as under :-

“8. Recall of CW-1 was prayed by the accused on the ground that the accused wanted to confront him with certain documents which had come on record subsequent to his cross-examination which were not available earlier. He referred, in this context, to the ledger account of Sunil Garments as produced by DW-3 which contains details of payments by another firm namely M/s Sahani Brothers. DW-3 Vipin Gupta is actually Accounts Incharge of M/Section Sahani Brothers, a firm distinct from that of the two parties herein. During his statement, the witness was ca




















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