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2022 Supreme(HP) 740

AJAY MOHAN GOEL
Tara Pati – Appellant
Versus
Mamta Malhotra – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Sumeet Raj Sharma, Advocate.
For the Respondent:Mr. Devender K. Sharma, Advocate.

JUDGMENT :

Ajay Mohan Goel, J.

By way of this petition, filed under Section 482 of the Criminal Procedure Code (hereinafter to be referred as ‘Cr.P.C.’), the petitioner has challenged order dated 14.06.2022, passed by the Court of learned Chief Judicial Magistrate, Mandi, District Mandi, H.P., in terms whereof, an application filed under Section 311 of the Cr.P.C. by the applicant/accused for re-examination of the complainant has been dismissed.

2. Brief facts necessary for the adjudication of the present petition are as under:-

A complaint under Section 138 of the Negotiable Instruments Act has been filed by the respondent herein against the present petitioner, on the ground that a cheque issued by the petitioner to the respondent/complainant for an amount of Rs.1,10,000/-, dated 09.06.2011, in discharge of her legal liability, when presented for being honoured, was dishonoured on account of ‘insufficient funds’. The complaint was filed as far back as in the month of July, 2011. During the pendency of these proceedings, the application was filed by the petitioner herein under Section 91 of the Cr.P.C. read with Section 311 of Cr.P.C. for recalling the complainant in the witness box fo

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