INTERNATIONAL DIAMOND SERVICES LTD. Vs. DIMEXON DIAMOND LTD.

JUDGEMENT

(1.) Separate petitions under Sec. 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) have been preferred on behalf of the petitioner (who is accused before the learned Trial Court in proceedings under Sec. 138 N.I. Act) aggrieved against order of dismissal of application under Sec. 311 Cr.P.C. by learned M.M. vide order dtd. 30/1/2023 in CC No. 630926/2016 and 614437/2016 and upheld by learned ASJ vide order dtd. 23/11/2023 in Crl. Rev. No.145/2023 and 146/2023.

(2.) In brief, the complainant company namely M/s Kirti Ornaments Pvt. Ltd. was supplying jewellery to the accused company (petitioner) and against the outstanding amount of Rs.79,10,000.00, different cheques were issued, out of which cheques involved in the present cases were dishonoured on presentation. M/s Kirti Ornaments Pvt. Ltd. was subsequently merged with Dimexon Diamond Ltd. (respondent).

(3.) As per the case of the petitioner, an application under Sec. 311 Cr.P.C. was initially preferred on 21/7/2016 for calling five witnesses in defence which was partially allowed, by permitting to call only one witness vide order dtd. 6/9/2016. Criminal Revision No.204764/2016 and 204765/2016 preferred against aforesaid order were allowed by learned ASJ vide order dtd. 5/1/2022 considering the submissions made on behalf of the complainant that DW-3 Rajiv P. Mehta (Director of the Complainant Company in proceedings under Sec. 138 N.I. Act) will be able to produce record and depose. Accordingly, two witnesses were allowed to be summoned in defence. It is further the case of the petitioner that on 23/9/2022, DW-3 Rajiv P. Mehta was examined and deposed that he became the Director of the company only in 2013 and has no knowledge of transactions between the complainant (respondent herein) and the petitioner (accused). In the aforesaid background, another application under Sec. 311 Cr.P.C. was preferred on 7/10/2022 by the petitioner, which stands dismissed by the learned MM vide order dtd. 30/1/2023 and upheld by learned ASJ in Criminal Revision vide order dtd. 23/11/2023.