SHRI PRAVEEN JAIN Vs. MR. NARESH KUMAR GOEL

JUDGEMENT

(1.) BY this petition under Section 482 of Cr. P.C. petitioner seeks to challenge the order dated 15th April 2013 passed by the learned Metropolitan Magistrate thereby dismissing the application moved by the petitioner under Section 311 of the Cr. P.C. Learned counsel for the petitioner submits that the learned Metropolitan Magistrate failed to appreciate the fact that the petitioner - accused appointed a new counsel who after having gone through the case file found that the earlier counsel had not taken proper steps to summon a witness so as to prove the fact that the accused had never received any legal notice prior to the institution of the complaint case by the respondent under Section 138 of Negotiable Instruments Act, 1881. Learned counsel for the petitioner also submits that the AD Card did not bear the signatures of the petitioner and therefore examination of the hand -writing expert was necessary to disprove the signatures of the petitioner on these cards. Based on these submissions, learned counsel for the petitioner prays that the petitioner be given an opportunity to examine the hand -writing expert to disprove his signatures on the AD Cards.

(2.) I have heard learned counsel for the petitioner.

(3.) THE only reasoning given by the petitioner to re -open the said evidence of the accused was that he had engaged a new counsel who after having gone through the case file found some lacunae and shortcomings in proving the defence of the petitioner, for which the previous counsel appearing for the accused was responsible.