SHANTIVIJAY JEWELLERS Vs. GOYAL MODES

JUDGEMENT

(1.) The petitioners, who are the defendants before the learned Additional District Judge-01, Patiala House Court, New Delhi (in short 'Trial Court') have approached this Court to challenge the dismissal of an application filed by them under Order VII Rule 14(3) of the Code of Civil Procedure, 1908 (in short 'CPC') seeking to place on record additional document i.e. the certified copy of the cross examination of Sh. Mukund Sharan Goyal, father of respondent no 2, who deposed on 23/2/2021 in the complaint case i.e. CT Case No. 29/2001 titled 'Ashish Goyal vs Manoj Gadho' filed under Sec. 138 of Negotiable Instruments Act, 1881 (in short 'N.I. Act') before the Court of Metropolitan Magistrate-09, District Court Jaipur, Rajasthan (in short 'MM'). The petitioners are thus aggrieved by the impugned order dtd. 17/3/2023 passed by the learned Trial Court in the case bearing no. CS No. 59517/16 titled as M/s Goyal Modes and Ors. Vs Shanti Vijay Jewellers.

(2.) Now, for a better grasp on the issue, one may recite the facts with the respondent no. 2 on 12/3/1996 having filed a complaint under Sec. 138 of the N.I. Act, for dishonour of cheque for Rs.5.00 Lakhs before the Court of Learned MM, Jaipur, Rajasthan against the petitioners herein, through his father Sh. Mukund Sharan Goyal being his agent by virtue of a Special Power of Attorney dtd. 11/3/1996. The said suit is stated to be currently pending adjudication before the learned MM, Jaipur, Rajasthan.

(3.) Thereafter, on 18/8/1998, the respondent no. 1 and 2 filed the present suit for recovery for a sum of Rs.41,81,752.00 against the petitioner no. 1 and 2. Subsequent thereto, as a matter of procedure and defence, the petitioners on 9/10/2001, filed the written statement in the suit denying the claims of the respondents. Respondents also filed replication on 9/3/2004 as a response thereto.