dated 03.05.2017 under Section
138 of Negotiable Instruments Act; whereby the application moved by the
petitioner under Section 311 Cr.P.C. for recalling ... statement of the petitioner under Section 313
Cr.P.C.
On 14.05.2018 the statement of the petitioner under Section
313 Cr.P.C. was recorded
cross-examine the
complainant was closed. Thereafter, revisionist filed an
application under Section 311 Cr.P.C. for recalling the
complainant for his cross-examination ... further submitted that the Ld. trial Court dismissed the
application under Section 311 Cr.P.C. in haste of deciding the
case quickly, wrongly
application
under Section 315 Cr.P.C. On the same date, an application under
Section 145 (2) NI Act was dismissed and application under
Section ... that the earlier
application under Section 145 (2) NI Act already stands dismissed
on 11.10.2012 and the present application under Section 311
this Court under Section 482 CrPC for not only giving effect to
the order under Code of Criminal Procedure but also to secure ... counsel to support the application under Section
Crl.Rev.P.No.478/2011 Page 15 of 18
311 CrPC by his medical certificate
GUPTA, J.
1. This is a petition under Section 482 of Code of Criminal
Procedure, 1973 (for short „ Cr.P.C .‟) for setting aside ... Section 311 Cr.P.C provides for power to summon material
witness, or examine person present. This Section reads as under:
"311. Power
some technical defect with liberty to file a fresh application. Consequently,
another application under Section 311 Cr.P.C. was filed however, the same ... recalled, were not mentioned in the application.
Eventually, a third application under Section 311 Cr.P.C. came to be filed on
06.07.2015, which
learned Additional Sessions Judge, Tarn Taran, thereby allowing the
application under Section 311 Cr.P.C., by reversing the order dated
17.05.2018 (Annexure ... Court disallowed the applications of the
Respondents filed under Section 311 of the Code
of Criminal Procedure ( Cr.P.C .), to re- examine
passed by learned SDJM, Samrala, vide which
his application under Section 311 Cr.PC for summoning three witnesses
was dismissed.
2. Learned counsel ... other proceedings under Cr.PC , however, these powers
under Section 311 Cr.PC have to be exercised in accordance with the
principles of Criminal
application of the
respondent moved under Section 311 of Code of Criminal Procedure, 1973
(for short `the Cr.P.C .') was allowed.
The short ... passing the impugned order allowing the application
Crl.Misc.No.M-35331 of 2009 2
under Section 311 Cr.P.C., thereby permitting the respondent
instant petition filed under Section 482 of
Criminal Procedure Code (hereinafter referred to as ' Cr.P.C .') and
Article 227 of the Constitution ... line dismissed the application. No reason, if any, ever came to be
assigned on record for dismissal of application under Section 311
