ISHWAR SINGH Vs. MOHD ASLAM

JUDGEMENT

(1.) THE applicant, by means of present application / petition under Section 482 of Cr.P.C., seeks to quash and set aside the order dated 14.07.2010, passed by learned trial court as well as order dated 22.11.2010, passed by III F.T.C. / Addl. Sessions Judge, Haridwar, in criminal revision no. 255 of 2010. A prayer has also been made that the learned trial court be directed to record the evidence of the witness Nasir Ahmad.

(2.) COMPLAINANT (applicant herein) filed a criminal complaint case against the accused (respondent herein) in the court of Chief Judicial Magistrate, Haridwar, for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. After recording the statements, the accused was summoned to face the trial. The trial proceeded. When the same was about to be concluded and the criminal case under Section 138 of the Negotiable Instruments Act, 1881 was fixed for arguments, the complainant moved an application under Section 311 of Cr.P.C. for examining his witness Nasir Ahmad, whose name was mentioned in the complaint. Learned trial court dismissed such application of the complainant under Section 311 of Cr.P.C. The reasons assigned for dismissal of such application were (a) such an application was moved in the final stages of the proceedings when the case was fixed for arguments (b) sufficient opportunities were already given to the complainant to lead the evidence for a considerable period of time (c) such an application, if allowed, will delay the disposal of the case and (d) such application was devoid of merits.

(3.) THE order dated 14.07.2010 was assailed before the revisional court by instituting a criminal revision, which was dismissed on the ground of non -maintainability, on 22.11.2010.