Criminal Revision No. 2135 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No. 2135 of 2009 Date of decision : 15.11.2010 Krishan Kumar Dhingra ....Petitioner V/s Tarik Gogia ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Amit Shivrain, Advocate for the petitioner. RAJAN GUPTA J. (ORAL) This is a revision petition impugning the order dated 06.07.2009 passed by Judicial Magistrate Ist Class, Rohtak whereby he rejected the application moved under Section 311 Cr.P.C. to summon complainant/witness for re-examination in a complaint under Section 138-A of the Negotiable Instrument Act, 1881. Learned counsel for the petitioner has argued that trial court has wrongly rejected the application under Section 311 Cr.P.C. as after the clubbing of the cases witness was required to be recalled and examined again. I have heard learned counsel for the petitioner. It is evident that complainant/witness (Tariq Gogia) was earlier summoned on 01.11.2006 and all questions regarding receipt of Rs. 80,000/- by him were put to him. Thereafter, the statement of the accused was recorded on 25.09.2008. After it was decided to club six cases filed by complainant (Tariq Gogia) against Krishan Kumar before the trial court, the Criminal Revision No. 2135 of 2009 2 instant application was moved on 06.07.2009. The trial court came to the conclusion that the application had been moved with a view to delay the matter. Learned counsel for the petitioner has not been able to point out any legal infirmity with the impugned order. It appears that the witness who was earlier examined/cross-examined on all material aspects is sought to be recalled without any cogent reasons. Under the circumstances, I do not find it a fit case for interference in revisional jurisdiction. The petition is devoid of merit and is hereby dismissed. November 15, 2010 (RAJAN GUPTA) Ajay JUDGE