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2020 Supreme(Del) 906

SURESH KUMAR KAIT
Arun Kumar Sharma – Appellant
Versus
Adesh Goel – Respondent


Advocates Appeared:
Priyanka Garg, Advocate

JUDGMENT

Suresh Kumar Kait, J. - Crl. M.A.12377 /2020 (Exemption)

    1. Allowed, subject to all just exceptions.

    2. Application is disposed of.

      CRL.M.C. 1772/2020

      3. Vide the present petition, the petitioner seeks direction thereby to set aside and quash the order dated 29.08.2020 passed by Ld.M.M.-04 (N.I.Act)/South-East, New Delhi in complaint case under Section 138 of the Negotiable Instruments Act, 1881 vide CT Cases/3007/2014 titled as Adesh Goel Vs. M/s. Zexus Air Services Pvt. Ltd., whereby the application under Section 311 Cr.P.C. by petitioner/accused no.3 for recall of complainant for further cross examination was dismissed. Further seeks direction thereby to allow the application under Section 311 Cr.P.C. by petitioner/accused no.3 for recall of complainant for further cross examination.

      4. The Respondent No.1/Complainant after examining his witnesses, filed an application under Section 311 Cr.P.C on 2l.07.2015 for recalling the witnesses, however, allowed by the Trial Court on 20.01.2016. Further, another application u/s 311 was filed by complainant on 29.03.2016 for recalling of CW-8 and the same was also dismissed.

      5. On 13.07.2016, while the Petitioner/ Accused No. 3 was

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