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2022 (2) TMI 244 - HC - Indian LawsDishonor of cheque - seeking opportunity and sufficient time to re-examine the witness - violation of principles of natural justice - HELD THAT:- In this case, petitioner wanted re-examination of witness on the ground that earlier counsel did not ask material questions and he appointed new counsel for his defence therefore, he was permitted to re-examine the witness. The learned trial court dismissed the application of the petitioner on this ground that appointing a new counsel is not a ground of re-examination of the witness. The ground of dismissal of the application by the court below is not as per the standard of law as prescribed under Section 311 of Cr.P.C. This Court deems it appropriate that the present petition be allowed and the trial court be directed to permit the petitioner to re-examine the witness - the trial Court is directed to give one effective opportunity to the petitioner to get to re-examine the witness and petitioner/accused shall bear the cost of witness which would be fixed by the learned trial court & the trial court is free to impose condition as it thinks fit. Petition allowed.
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