MAHESH CHANDRA AGARWAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The applicant-accused has invoked the inherent jurisdiction of this Court under Sec. 482 of the Code of Criminal Procedure, 1973, to set aside the impugned order dtd. 8/12/2021, passed by the Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar in Complaint Case No. 3545 of 2014, "Puneet Kumar Agarwal vs. Mahesh Chandra Agarwal", filed under Sec. 138 of the Negotiable Instruments Act, 1881.

(2.) In the said complaint case, after conclusion of the evidence of the complainant, the applicant-accused filed an application to summon the Bank Officer along with records. The said application was allowed by the learned trial court. The applicant could not take necessary steps, therefore, the learned trial court vide order dtd. 2/8/2019 closed the opportunity of defence. The applicant challenged the said order dtd. 2/8/2019 in revision and the said revision was allowed with the cost of Rs.10,000.00. Due to illness of the applicant's wife, the applicant could not pay the said amount. On 15/11/2021, the applicant filed an application before the trial court to accept the amount of Rs.10,000.00and to issue summons to the witness. The said application has been rejected by the impugned order.

(3.) Heard Mr. P.C. Petshali, the learned counsel with Mr. Yogesh Upadhyay, the learned counsel for the applicant, Mr. Lalit Miglani, the learned A.G.A. for the State/respondent no.1 and Mr. Sanjay Kumar, the learned counsel appearing for the respondent no.2.