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2022 (4) TMI 1 - PUNJAB & HARYANA HIGH COURTViolation of principles of natural justice - permission to petitioner to cross-examine the complainant was declined - Dishonor of Cheque - HELD THAT:- From the perusal of the same, it appears that CW-2 Kulwant Singh was not cited as a witness in the said complaint. Admittedly, respondent No.1-Manvir Singh was examined as CW1 in the trial Court and in his examination-in-chief, respondent No.1 remained silent about getting any amount from aforesaid Kulwant Singh and thereafter, respondent No.1 tendered aforesaid Kulwant Singh as CW2 and his examination-in-chief by way of affidavit is Annexure P-3. From the perusal of the said examination-in-chief, it appears that he is close friend of respondent No.1-Manvir Singh. Section 311 Cr.P.C. confers a wide discretion on the Court to act as the exigencies of justice require to summon a witness or recall or re- examine any person already examined if his evidence appears to it to be essential to the just decision of the case. Further it is the duty of every Court to ensure that a fair and proper opportunities are granted to the accused for just decision of the case. Thus, it stands established that certain new facts surfaced in the examination-in-chief of CW-2/Kulwant Singh. In these circumstances, interest of justice demands that opportunity be given to the petitioner to further cross-examine respondent No.1-Manvir Singh with regard to facts which came on record for the first time in the examination-in-chief of CW-2 Kulwant Singh. The application under Section 311 Cr.P.C. preferred by the petitioner is allowed
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