JUDGMENT :

Anil Kshetarpal, J.

Accused is challenging the correctness of the order dated 29.08.2019 passed by the learned Judicial Magistrate, exercising powers under Section 311 Cr.P.C. and directing re-examination of a bank official to produce and prove loan application form, account statement pertaining to Jaswinder Singh and original sale deed.

2. This Court has heard the learned counsel for the petitioner at length.

3. Learned counsel for the petitioner has submitted that in the present case final arguments were heard by the learned Court and therefore, the order passed is wrong. He has further submitted that the order passed by the Court, results in filling up lacuna in the case of prosecution, which is not permissible. He has also submitted that since the accused has been examined under Section 313 Cr.P.C., therefore, defence of the accused stands disclosed and hence the application cannot be allowed.

4. Section 311 Cr.P.C. enables the Court to summon any person as a witness or examine any person in attendance or re-examine any person already examined. The only condition is that his evidence appears to be essential to the just decision of the case. Section 311 Cr.P.C. is extracte