AI Structured Summary
Not yet generated for this judgment
Judgment
Anand Pathak, J
Heard on admission/stay.
The present petition is preferred by the petitioner under Section 482 of Cr.P.C. taking exception to the order dated 29.09.2023 passed by J.M.F.C. Gwalior whereby application under Section 311 of Cr.P.C. for recalling of witness has turned down.
It is the submission of counsel for the petitioner that he cross-examined the respondent as witness and in Para-19, he mentioned the fact that he has entry of cheque transaction in his account and on asking of Court, he cannot produce the same. However, when application under Section 91 of Cr.P.C. was preferred by the petitioner and same was allowed then complainant despite direction of Court, did not produce the documents. Therefore, petitioner had the occasion to recall the witness to cross-examine him further in this regard.
Issue notice to the respondents on payment of process fee through RAD mode within seven working days, returnable within four weeks.
Till next date of hearing, proceeding pending before the trial Court shall remain stayed.
List the case on 06.12.2023.