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2015 (2) TMI 1366 - HC - Indian LawsDishonor of Cheque - defence evidence is being produced by the petitioner to establish that the cheque had not been given to discharge any liability - measure of security - HELD THAT:- The petitioner has already set his defence as is apparent from his statement under Section 313 Cr.P.C. He has also examined 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 not deemed appropriate to allow the application under Section 311 Cr.P.C. as the defence available with the petitioner has already been put on the record. Application dismissed.
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