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2022 (4) TMI 1

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.....2022. Main case The present revision petition has been filed against the order dated 27.1.2020 passed by learned Additional Chief Judicial Magistrate, SBS Nagar whereby an application under Section 311 Cr.P.C. filed by the petitioner/accused permitting the petitioner to further cross-examine the complainant namely Manvir Singh, was declined. Brief facts of the case are that respondent No.1-Manvir Singh filed a criminal complaint titled Manvir Singh v. Vijay Chopra @ Vijay Kumar Chopra under Section 138 of Negotiable Instruments Act with regard to dishonour of post dated cheque worth Rs. 6 lakhs issued by the petitioner in favour of the said respondent. After completion of the preliminary evidence, the petitioner was summoned to fa....

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....ngh for his further cross-examination. In support of his contentions, counsel for the petitioner referred to Rajaram Prasad Yadav v. State of Bihar and another (2013) 14 SCC 461. On the other hand, counsel for respondent No.1 contended that there is no illegality in the impugned order. It is further contended that nothing new has been introduced by CW-2/Kulwant Singh in his examination-in-chief. He further contended that in the given circumstances, no ground is made out to permit the petitioner to further cross-examine CW- 1/Manvir Singh. It is further submitted that the learned trial Court rightly declined the application moved by the petitioner under Section 311 Cr.P.C.. I have considered the submissions made by the counsel for the ....