The application was rejected by the Trial Court primary on the ground that the companyplaint was filed on 19.12.1996.
Before the High Court challenge was to the order passed by the learned Judicial Magistrate, Chandigarh, rejecting the application of the appellant seeking re examination of the witnesses already examined in terms of Section 311 of the Code of Criminal Procedure, 1973 in short Code .
The evidence was closed on 11.3.2004.
But inadvertently he had number proved the relevant documents i.e. cheques, cheque returning memos, legal numberice, companyrier receipt, letter from companyplainant bank, whereas, some of the above said documents had already been proved by other witness, other than the companyplainant.
Hence the trial Court had directed the witness to give his statement and as a layman, he gave his statement.
P.C. examination was over on 12.7.2004.
On that particular date, the companynsel for the accused had taken an objection that the applicants companynsel was asking misleading questions.
Under Section 313 Cr.
ARIJIT PASAYAT, J. Leave granted.
Challenge in this appeal is to the judgment of a learned Single Judge of the Punjab and Haryana High Court, rejecting the petition filed by the appellant.
The High Court companycurred with the view of the Trial Court.
In support of the appeal learned companynsel for the appellant submitted that the examination in chief of the witness Shri Deepak Jotshi was done on 29.7.2003.
