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2008 Supreme(HP) 364

SURINDER SINGH
Ranjeet Singh – Appellant
Versus
Shyam Lal – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: Suneet Goel, Adv.
For Respondents/Defendant: Rupinder Singh, Adv.

JUDGMENT

Surinder Singh, J.

1. The Petitioner (accused) has sought the indulgence of this Court by moving the present petition under Section 482 of the Code of Criminal Procedure to quash and set-aside the order dated 23.5.2008 passed by learned Additional Sessions Judge, Sirmour District at Nahan in Criminal Revision No. l-N/10 of 2008 whereby the order refusing to recall the complainant for his re-examination on an application under Section 311 of the Code of Criminal Procedure moved by the accused-Petitioner stands affirmed.

2. The factual matrix of this matter can be summoned up thus: The Respondent herein had filed a complaint against the Petitioner under Section 138 of the Negotiable Instruments Act. He led his evidence. He and his witnesses were subjected to detailed cross-examination by the accused-Petitioner. Even the statement of the Petitioner under Section 313 of the Code of Criminal Procedure was recorded. No defense evidence was led by him. Thereafter, the case was fixed for final arguments on 21.12.2005 but the arguments could not be heard and the case lingered on one pretext or the other. However, final arguments were heard and concluded on 3.4.2006. The case was liste


















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