IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH.
Criminal Misc. No.M-24298 of 2009 (O&M)
Date of Decision: 3.9.2009.
Mahesh Jain and others
....Petitioners
Versus
M/s Highway Auto Service
...Respondent
CORAM : Hon'ble Mr. Justice Rajesh Bindal
Present:- Mr. U.K. Agnihotri, Advocate
for the petitioners.
RAJESH BINDAL J.
****
The challenge in the present petition is to the order dated 4.8.2009
passed by the Learned Additional Sessions Judge, Jind, whereby the application
filed by the petitioners under section 311 Cr.P.C. for re-summoning PW4 for
further cross-examination was dismissed at revisional stage.
Learned counsel for the petitioners submitted that certain
documents were not in their possession at the time when evidence of PW4 was
recorded by the Magistrate are required to be confronted to the complainant. It
was for the reason that the premises of the company had been sealed on
account of a dispute pending before Delhi High Court. However, I do not find any
justification to grant opportunity to the petitioners to further cross-examine PW4
for the reason that there are two cheques in question on account of non-
payment of which proceedings under Section 138 Cr.P.C. were initiated against
the petitioners and they were convicted by the Magistrate. It has been
specifically noticed by learned Addl. Sessions Judge while dismissing the
application that one of the Director namely Mahesh Jain, had admitted that they
had received diesel in lieu of cheque No. 703863 dated 22.9.2003. It is not
disputed that this is one of the cheque which the petitioners are alleging that the
same was given as security and not for payment of the goods supplied. Once
the stand of the petitioners regarding one of the cheque was found to be patently
false, I do not find any ground to grant opportunity to re-summon PW4 for further
cross examination.
The petition is dismissed.
(RAJESH BINDAL)
3.9.2009 JUDGE
Reema