Criminal Procedure Code, 1973
Section 311—Dismissal of application seeking recalling of complainant/respondent—Petition for setting aside of order—Complaint filed under Section 138 of the Negotiable Instruments Act—A perusal of the cross-examination of witness would reveal that previous counsel has asked only three questions to witness and did not cross-examine the witness on certain crucial aspects which is apparent from the record—Though ordinarily, change of counsel cannot be a ground for recalling the witness, in the circumstances as the present one where cross-examination was not conducted on the issues relevant to the proper adjudication of dispute, the present court is inclined to allow the present application—Application allowed.
[Para 8]