LAWS(DLH)-2022-8-2

KANWAL NAIN SINGH MOKHA Vs. REKHA KHURANA

Decided On August 02, 2022
Kanwal Nain Singh Mokha Appellant
V/S
Rekha Khurana Respondents

JUDGEMENT

(1.) This petition has been preferred by the petitioner/complainant under Sec. 482 Cr.P.C. being aggrieved by the order/cross-examination dtd. 7/5/2022 in Complaint Case No.19224/2016.

(2.) The petitioner had filed the complaint under Sec. 138 of the Negotiable Instruments Act, 1881 ('N.I. Act') against the respondent. The grievance is that as per the order dtd. 7/7/2022, during the course of examination of DW-2, the learned Trial Court disallowed two questions, as being irrelevant to the matter in issue.

(3.) Mr. Praveen Suri, learned counsel for the petitioner, submitted that the learned Trial Court had erred in disallowing the two questions. It was submitted that the petitioner has filed other cases against the respondent and her daughter-in-law, as also Swarn Singh for various amounts, both under Sec. 138 of the N.I. Act as well as for recovery before the Civil Court. The learned counsel for the petitioner submitted that the instant case had been filed when the cheque issued by the respondent was dishonoured. The respondent was the one who had given the post dated cheque No.871958 dtd. 11/3/2016 for a sum of Rs.17.00 Lakhs drawn on Cooperative Bank and had signed the promissory note also. This cheque was given towards repayment of a friendly loan/financial assistance to the tune of Rs.17.00 Lakhs given by the petitioner for a period of two months to the respondent, who was then in dire need of money.