2015 (2) TMI 1366

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..... amined two defence witnesses. The question which the petitioner wants to put to the witness by re-summoning him can be established by him while producing his defence evidence. The presumption under Section 139 of the Act can be rebutted by even producing defence evidence. No ground is made out at this stage to allow the application under Section 311 Cr.P.C. to re-summon the complainant - it is .....

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..... n the application that he had found some sound evidence against the complainant which is necessary to be placed on record by recalling the complainant and cross-examining him. On asking of the Court, counsel for the petitioner has submitted that defence evidence is being produced by the petitioner to establish that the cheque had not been given to discharge any liability but it was a measure of .....

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..... has also been closed by the petitioner. After hearing counsel for the petitioner, I am of the view that the presumption under Section 139 of the Act can be rebutted by even producing defence evidence. No ground is made out at this stage to allow the application under Section 311 Cr.P.C. to re-summon the complainant. Taking into consideration the stage of the case, I do not deem it appropriat .....

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