CRL.M.NO.19802-M of 2010 #1# IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRL.M.NO.19802-M of 2010(O&M) DATE OF ORDER: 14.7.2010 Rajinder Sharma .....Petitioner vs. Gurinder Singh ....Respondent CORAM: HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. I.P.S. Kohli, Advocate for the petitioner. JASWANT SINGH, J Crl.M.No.34979 of 2010 Application is allowed as prayed for. Crl.M.No.19802-M of 2010 Present petition under Section 482 Cr.P.C has been filed for setting aside order dated 14.7.2009 passed by the ld. JMIC, Ludhiana whereby an application instituted by the petitioner-accused under Section 311 Cr.P.C for recalling of the complainant for cross-examination in the complaint under Section 138 of the Negotiable Instruments Act (for short “the Act”) has been dismissed; further prayer is for quashing order dated 11.5.2010 (P.2) passed by the ld. Additional Sessions Judge, Ludhiana whereby his revision petition against order dated 14.7.2009 has been dismissed as not maintainable. Facts are that a complaint under Section 138 of the Act was CRL.M.NO.19802-M of 2010 #2# instituted on 27.11.2003 by the respondent Gurinder Singh alleging that the petitioner-accused/Rajinder Sharma had taken a loan of Rs.1,10,000/- and against such debt liability, a cheque was issued by him in favour of the respondent. Said amount was not repaid and on presentation of the cheque by the complainant-respondent, the same was dishonored resulting in filing of the aforesaid complaint by the respondent. It is admitted that the proceedings in the complaint are now fixed at the stage of final arguments. Learned counsel has submitted that the petitioner-accused could not cross-examine the complainant despite many opportunities because the matter was being compromised and, therefore, he prays for one last opportunity for doing the needful. After hearing learned counsel for the petitioner, I am not persuaded to agree with the plea of the petitioner-accused. It is apparent from the orders that the complainant Gurinder Singh has got himself examined on 17.4.2006. Thereafter, the case was adjourned to 29.5.2006 and ultimately on 28.4.2008, cross examination of CW1-Gurinder Singh was treated as Nil. In none of the zimni orders, it has been stated that the cross examination was not being conducted due to the compromise talk between the parties. Ld. JMIC has noticed that “accused Rajinder was given one opportunity after another including several last and final opportunities to carry out the cross examination upon CW-1”. After 28.4.2008, case was adjourned to 26.7.2008 and thereafter on 10.10.2008, statement of the accused under Section 313 Cr.P.C was recorded. Case was thereafter adjourned for defence evidence and despite availing several opportunities, the same was not concluded and ultimately defence evidence CRL.M.NO.19802-M of 2010 #3# was closed by the order of the Court on 21.4.2009 . After closing the defence evidence, present application was moved under Section 311 Cr.P.C for summoning of the complainant for his cross examination. This court fully endorses the view taken by the courts below and find that no case was made out for such recalling as ample opportunities had been availed of by the petitioner-accused. Learned counsel has not been able to make out any case, which may warrant interference by this Court. Dismissed. July 14, 2010 ( JASWANT SINGH ) manoj JUDGE