“2. The brief facts as stated in the application are that the complainant has filed a false and frivolous complaint against the accused on the basis of false and fabricated documents. The complainant has misused the blank documents and blank security cheque of the accused and accused has no legal liability towards the amount of cheques in question. It is further submitted that on 17.03.2021, Ms. Anita Rani, the then learned JMFC had granted Nil opportunity for crossexamination of the complainant. Feeling aggrieved to that order, the applicant-accused preferred a revision petition which was accepted by the Court of Sh. Rohit Watts, learned Addl. Sessions Judge, Ambala and vide order dated 14.10.2021 one opportunity was granted to the applicant-accused to crossexamine the complainant. On 22.11.2021, the applicantaccused engaged the counsel, who cross-examined the complainant partly but the cross- examination of complainant was deferred on that day as the court time was over. On 24.11.2021, the counsel for the applicant-accused crossexamined the complainant, however, at that time, some material questions were left to be put to the complainant regarding the fact that whether the complainant had received any interest or principle from the accused at any point of time and some questions regarding document Ex.C3 and some vital question on the issue of legal liability of accused and whether the complainant had amount at the time of giving alleged loan according to his ITRS filed by him during the relevant period of alleged loan. The applicant-accused also wants to crossexamine the complainant on the fact that how many complaints have been filed by the complainant against other persons on the same modus operandi by mentioning the same story and the said questions were inadvertently left to be asked from the complainant. It is further submitted that at the time of crossexamination of the complainant, the applicant-accused had specifically put a question to the complainant that whether the complainant can produce his ITRs, on which the complainant replied that if the Hon'ble Court asks, he can produce the same and it is very much necessary to direct the complainant to produce his ITRs and computation sheets for the period during which alleged loan was granted to the accused. It is submitted that the Hon'ble Court had granted only one opportunity to the accused to cross-examine the complainant. However, the applicant- accused could not brief his counsel for crossexamination of the complainant and due to the said reason, the material questions are left to be put to the complainant. It is further submitted that the further cross- examination of the complainant is very much essential for the applicant- accused and as per the provisions of Section 311 of Cr.P.C. a witness can be summoned for examination or re-examination at any stage of the case, if the examination of that witness is essential for the just decision of the case. Lastly prayed for allowing, the application and for directing the complainant to produce his ITRS and computation sheet for the year 2014- 2019.”
