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2013 Supreme(Del) 156

PRATIBHA RANI
Ajay Jain – Appellant
Versus
Purshottam Nath Jain & Sons (Huf) – Respondent


Advocates Appeared:
For the Petitioners:K.K. Aggarwal, Advocate.

Judgment :

PRATIBHA RANI, J.

1. The petitioner has filed this revision petition impugning the order dated 27.09.2011 passed by learned Trial Court whereby his application under Section 311 CrPC to resummon the defence witness was dismissed. The circumstance giving rise to this petition needs to be referred in some detail for the reason that not only the legality and validity of the impugned order needs to be examined in this revision petition but also the manner in which the trial has been conducted by learned Trial Court. This is a case requiring exercise of inherent power vested in this Court under Section 482 CrPC for not only giving effect to the order under Code of Criminal Procedure but also to secure the ends of justice. The procedure followed in this case by learned Trial Court is such that it has rendered the accused, who is petitioner before this Court, virtually defenceless.

2. A complaint under Section 138 NI Act was filed by the respondent/complainant against the present petitioner. After the cross examination of the complainant was completed on 15.04.2011, the learned Trial Court posted the case for defence evidence without examining the accused recording that in vie






















































































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