Ravi Lamba vs Rohit Sharma - 2023 Supreme(Del) 2787

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2023 Supreme(Del) 2787

DINESH KUMAR SHARMA
Ravi Lamba – Appellant
Versus
Rohit Sharma – Respondent

Advocates appeared:
Mr. Arav Kapoor, Advocate, for the Petitioner.
Mr. Dhruv Gautam and Mr. Tushar Tyagi, Advocates, for the Respondent.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

1. Present petition has been filed challenging the orders dated 25.07.2022 & 11.10.2022. Learned counsel for the petitioner submits that his application filed under Section 311 Cr.P.C. was allowed vide order dated 25.07.2022. In the application filed under Section 311 Cr.P.C. read with Section 91 Cr.P.C. for recalling the complainant for further cross examination and for summoning of additional material witnesses, the court of learned MM passed a detailed order dated 25.07.2022 in which it was inter alia held as under:

"25.07.2022

Present: Sh. Raju Tiwari, proxy counsel for Sh. Dhruv Gautam,

Ld. Counsel for the complainant.

None on behalf of the accused.

1. Ld. Counsel for the accused has filed an application filed under section 311 of Code of Criminal Procedure (hereinafter Cr.P.C) read with 91 Cr.P.C filed on behalf of the accused for recalling the complainant for his cross examination under section 145(2) Negotiable Instruments Act, 1881 (hereinafter NI Act).

2. Briefly stated that the accused was examined under section 315 Cr.P.C. wherein the accused had deposed that only a loan of Rs.9.25 Lacs was advanced to him and that he had, at the instru