Cr.M.M.O.No.58 of 2008 22.9.2008Present: Mr. N. S. Chandel, Advocate, for the petitioner. Mr. Rajiv Sood, Advocate, for the respondent. The respondent herein had filed a complaint against the petitioner, under section 138 of the Negotiable Instrument Act, in the court of learned Chief Judicial Magistrate, Shimla. The learned Judicial Magistrate, First Class (Court No.3), Shimla, summoned the petitioner for the alleged offence on the basis of the preliminary evidence. Thereafter notice of accusation was put to him. The complainant led its evidence in support of the accusation. After recording statement of some of the witnesses, the petitioner changed his counsel. Thereafter, an application, under section 311 of the Code of Criminal Procedure, was moved for recalling of CW-1 Smt. Anita Sood, on the ground that the Scheme of the defence strategy, which the earlier counsel had in his mind while cross-examining CW-1 and also the fact that the earlier counsel did not cross-examine CW-1 on the vital aspects of the matter to demonstrate the false hood of the case of the complainant. The complainant resisted and contested the application and later on the learned trial court dismissed the application. Thereafter, another application under section 311 of the Code of Criminal Procedure was moved for recalling CW-1 Smt. Anita Sood on the ground that the complainant was required to be confronted with the plaint(s) of two suits, filed by the complainant to substantiate the defence. This application was also dismissed. Against both these orders i.e. 28.8.2006 and 18.9.2007 Annexure P-4 and P-7 respectively the petitioner has filed the instant petition in this court for its setting aside. During the course of arguments, respondent’s counsel has agreed that let the petitioner be given a chance to cross- examine CW1, so that matter may not be further prolonged. I have considered the rival contentions and the concession granted by the respondent’s counsel. In my opinion the petitioner has made out a case for re- cross-examining CW1 aforesaid, because of the change of counsel and subsequent events as stated above. Therefore, the permission to re-cross-examine CW-1 is essential in the interest of justice. In view of this, the impugned orders are set aside and the petitioner is permitted to cross-examine CW-1 Smt. Anita Sood. The parties are hereby directed to be present before the learned trial court on 21st October, 2008. Smt. Anita Sood shall present and be cross-examined by the counsel for the petitioner accused before the learned trial court. In case of any eventuality that CW-1 Smt. Anita Sood, could not be cross-examined on the date fixed, the matter may be taken up on the next working day by the learned trial court. The petition stands disposed of in the above terms. The Registry is directed to return the records of the learned trial court forthwith. September 22,2008 (Surinder Singh),J. (D)