In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M-35525 of 2010 (O&M) Date of decision: 3.12.2010 Mohinder Singh ......Petitioner Versus Ramesh Sharma .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.Krishan Sehajpal, Advocate, for the petitioner. **** SABINA, J. This petition has been filed under Section 482 of the Code of Criminal Procedure (Cr.P.C. for short) for quashing/ setting aside order dated 12.10.2010 passed by Judicial Magistrate, Ist Class, Jalandhar, whereby application under Section 311 Cr.P.C. for recalling the complainant for re-cross examination was dismissed and order dated 15.11.2010 passed by Sessions Judge, Jalandhar by which revision petition filed by the petitioner is dismissed. After hearing learned counsel for the petitioner, I am of the opinion that no ground for interference by this Court is made out. Learned trial Court, while dismissing the application filed by the petitioner under Section 311 Cr.P.C. , has held as under:- “I have considered the rival contentions of both the parties and gone through the record minutely. It is opined that through this application applicant/accused Criminal Misc. No.M-35525 of 2010 (O&M) -2- wants to recall the complainant for re-cross examination on the ground that he wants to put documents relating to several complaints filed by the complainant against a number of people to misuse the process of law being one of the Director of Finance Company. The applicant/accused has become unable to bring on record the account statement of the complainant of the account out of which actually the loan amount was disbursed to the applicant/accused because the citizen Urban Cooperative Bank is siding with the complainant and have not produced on record either the account statement or the name of the person or his account number. It is opined that on this point the complainant was cross-examined at length. The complainant himself admitted that he is running finance company in the name of Sharma Hire Purchase. The accused has already put to the witness regarding complainants pending against various persons as well as record called from the citizen Urban Cooperative Bank is concerned the witness namely Pawan Kumar Sharma, Manager, Citizen Urban Coop. Bank who appeared in court has categorically stated vide his statement dated 26.11.2009 that the series of cheque no. 0005344201 is never issued by the said bank. Accordingly, it is opined that the complainant has already Criminal Misc. No.M-35525 of 2010 (O&M) -3- been cross-examined on these points mentioned in the application and it seems that the present application has been filed with ulterior motive just to delay the proceedings of the present complaint.” The reasons given by the trial Court, while dismissing the application filed by the petitioner under Section 311 Cr.P.C., are sound reasons and call for no interference by this Court. Accordingly, this petition is dismissed. (SABINA) JUDGE December 03, 2010 anita