(1.) Present C528 application has been filed seeking to quash the order dtd. 19/11/2025 (wrongly transcribed as 9/3/2023 which is the date of filing of complaint) passed by learned Judicial Magistrate, Nainital in Criminal Complaint Case No.1525 of 2023, Puran Singh v. Lalit Singh Bisht.
(2.) Facts giving rise to the present case are that this case pertains to Sec. 138 of the Negotiable Instruments Act, 1881. An application under Sec. 311 Cr.P.C. was moved in this case by the applicant-accused stating therein that on 21/4/2015 as PW1 wherein during cross-examination, certain relevant questions were left to be asked by the counsel for the applicant which are necessary for just and proper disposal of the complaint. It was also stated that the complainant did not give any details of the money i.e. Rs.2.40 lakh allegedly given to the accused by the complainant i.e. how and when the said money was given. Hence prayer was made to allow the application and to call the complainant-PW1 in the Court for the purpose of re-examination.
(3.) The counsel for the complainant came present in the trial Court, objected to the application, and prayed for its dismissal.