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2023 Supreme(P&H) 1652

KULDEEP TIWARI
Soniya Dutta – Appellant
Versus
STL Global Pvt Ltd (M/s) – Respondent


Advocates appeared:
For the Parties : Mr. Rishab Jain

Judgment

Mr. Kuldeep Tiwari, J.

Through the instant petition, as instituted under Section 482 of the Cr.P.C., the petitioner assails the order dated 15.03.2019 (Annexure P-1), whereby, the learned Magistrate concerned closed the right of the petitioner to cross-examine the complainant, as provided under Section 145(2) of the Negotiable Instruments Act, 1881 (hereinafter referred to as the ‘N.I. Act’).

2. In addition, the petitioner has also assailed the order dated 05.10.2019 (Annexure P-2), whereby, the learned Magistrate concerned dismissed the application of the petitioner for recalling of witness under Section 311 of the Cr.P.C.

3. A perusal of the impugned order dated 15.03.2019 reveals that despite availment of five effective opportunities by the defence, the petitioner did not cross-examine the complainant, which led the learned Magistrate concerned to form an inference that the petitioner is unnecessarily delaying the trial and consequently, constrained him to draw the order (supra).

4. The order (supra) caused grievance to the petitioner and led her to institute an application for recalling of witness under Section 311 of the Cr.P.C. The grounds, as urged therein for recalling

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