JUDGMENT :

1. The present petition has been filed by the petitioners under Section 482 of Code of Criminal Procedure, 1973 (hereinafter “Cr.P.C.”) against the impugned order dated 09.10.2021 passed by the learned Metropolitan Magistrate, South District, Saket Courts, New Delhi in C.C. No. 10332/17 titled “M/S NH Consulting Private Limited versus Kurian Energie Kanri (India) Private and Others”.

2. The impugned order passed by the learned Metropolitan Magistrate rejected the application of the petitioner/accused no. 2 under Section 311 Cr.P.C. for recalling witness i.e., complainant PW-1 for further cross examination.

3. Perusal of the material on record shows that on 11.10.2020, an application under section 311 of Cr.P.C. was moved by petitioner/accused no. 2 for recalling the complainant for cross-examination before the learned MM. It further shows that vide order dated 17.11.2018, the learned MM had allowed accused to cross examine the complainant and the cross-examination was conducted on 15.05.2019.

4. It is contended by learned counsel for the petitioners that cross-examination is to be conducted again as no pertinent questions with regard to expenditure incurred by complainant we