Code of Criminal Procedure, 1973–Sec. 311–Application under–Dismissal of–Appreci-ation–Earlier, the petitioner was given opportunity subject to paying the cost of Rs. 500/- –Thereafter, his evidence was closed as he did not use the opportunity–Subsequently his application u/s. 311 was allowed, however, instead of cross-examination, he filed the application u/s. 45 of Evidence Act–Now the petitioner cannot be allowed to cross-examine the witness as he is seeking to linger the matter as his wishes–Application was rightly dismissed.