JUDGMENT

Rajbir Sehrawat, J. (Oral) - This petition has been filed for quashing of the Order dated 04.08.2018(Annexure P-4); passed by the Judicial Magistrate Ist Class/SAS Nagar(Mohali); in Comp.No.NIA-368-17 dated 03.05.2017 under section 138 of Negotiable Instruments Act; whereby the application moved by the petitioner under Section 311 Cr.P.C., 1973 for recalling of the Complainant(CW-1) and additional witness Bhupinder Singh(CW-2) for their furthers cross-examination has been rejected.

2. Present case emanates from the complaint filed under section 138 of the Negotiable Instruments Act, by the respondent against the petitioner. The trial of the case was at the stage of evidences. At the initial stage of the trial, the Trial Court had recorded the statement of the Complainant as CW-1 at the pre-summoning stage. Thereafter, on the basis of the material brought on record, the petitioner was summoned. After appearing before the Trial Court, the petitioner had cross-examined the Complainant to rebut his claim. Thereafter the complainant/respondent moved an application under Section 311 Cr.P.C , 1973praying for examination of Bhupinder Singh Chakal as CW-2. The Complainant had though