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2016 Supreme(P&H) 3416

M.M.S.BEDI
Harbhajan Singh – Appellant
Versus
State of Punjab – Respondent


Advocates:
Present:Mr. AK Sama, Advocate.

JUDGMENT

Mr. M.M.S. Bedi, J.:- The petitioner is facing trial in a case u/s 138 of the Negotiable Instruments Act on the basis of a cheque dated 20.3.2015 for a sum of Rs.3.20 lacs issued by the petitioner, having been dishonoured on being presented by the complainant Lakhwinder Singh. The defence of the petitioner is that he had taken a loan of Rs.30,000/- from the complainant and that he has handed over a blank cheque to the complainant as security. Despite petitioner having returned Rs.30,000/- in installments of Rs.200/- per day, the security cheque has been misused by the complainant. During pendency of the proceedings, the complainant was cross-examined by the petitioner.

2. The grievance of the petitioner, in the present petition, is that his application u/s 311 Cr.P.C. for recalling complainant Lakhwinder Singh for further cross-examination has been declined, depriving the petitioner an opportunity to confront the complainant with a diary in which entries had been made by the complainant regarding receipt of installments from the petitioner. In order to prove the said entries, the petitioner sought recalling of the complainant u/s 311 Cr.P.C. to enable him to effectively cro








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