RAM KAWAR HUF Vs. SMC GLOBAL SECURITIES LIMITED

JUDGEMENT

(1.) This petition has been filed under Sec. 482 of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.'), challenging the order dtd. 10/11/2021 passed by the learned Additional Sessions Judge, Central District, Tis Hazari Courts, Delhi (hereinafter referred to as the 'ASJ') in Revision Petition, being Cr. Rev. No. 701/2019, titled Ram Kawar HUF v. SMC Global Securities Ltd., whereby the learned ASJ has dismissed the Revision Petition filed by the petitioner herein against the Order dtd. 18/9/2019 passed by the learned Metropolitan Magistrate-02, Central District, Tis Hazari Courts, Delhi (hereinafter referred to as the 'Trial Court') in Complaint Case, being CC No. 526862/2016, titled SMC Global Securities Ltd. v. Ram Kawar (HUF).

(2.) By the Order dtd. 18/9/2019, the learned Trial Court has dismissed the application filed by the petitioner, who is an accused in the Complaint Case filed by the respondent under Sec. 138 of the Negotiable Instruments Act, 1881 (in short, 'NI Act'), seeking summoning of the records/documents/books of accounts mentioned in the said application for purposes of cross- examination of the Authorised Representative of the respondent/complainant company, CW-2 Mr.Laxman Kumar.

(3.) The above Complaint Case has been filed by the respondent alleging that it is engaged in the business of providing trading facilities to its clients. It is a member of the National Stock Exchange of India Ltd. (NSE) and the Bombay Stock Exchange Ltd. (BSE) in Capital Market, Future and Options Segment and Currency Segment and is rendering broking services to its clients.