IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL CRIMINAL MISC. APPLICATION (C-482) No. 1033 of 2011 Kali Ram S/o Late Shri Simru R/o 5, Forest Colony, Tilak Road Dehradun, District Dehradun ………………............Petitioner Versus Charanjeet Singh S/o Shri Sujjan Singh R/o F-35, Race Course, police station Nehru Colony, Dehradun District Dehradun ………….........Respondent Shri Pawan Mishra, Advocate, present for the petitioner. Hon’ble Prafulla C. Pant, J. Heard. (2) By means of this petition moved under section 482 of Code of Criminal Procedure, 1973, the petitioner has sought quashing of the order dated 29.09.2011, passed by Judicial Magistrate, Ist, Dehradun, in criminal case no. 2206 of 2010, Charanjeet Singh vs. Kali Ram, relating to offence punishable under section 138 of Negotiable Instruments Act, 1881, in which the complainant Charanjeet Singh (PW1) has been examined and cross examined as apparent from Annexure-3 to the petition. PW2 Gaganpreet 2 has also been examined and cross examined. It appears that the petitioner has moved an application under section 311 of Cr.P.C, to further cross examine the prosecution witnesses, which has been rejected by the trial court. (3) I have gone through the impugned order and found that the application under section 311 of Cr.P.C., has been rejected for sufficient grounds. It is pertinent to mention here that power under section 311 of Cr.P.C., should not be exercised lightly, as it would encourage winning over the witnesses, and frustrate the trial. Both the prosecution witnesses have already been cross examined at length. Merely, for the reason that the counsel is change, is no ground to allow further cross examination. (4) Therefore, without expressing any opinion as to final merits of the case, the petition under section 482 of Cr.P.C., is dismissed summarily. (Prafulla C. Pant, J.) Dt.14.11.2011 N.P 3