YATENDRA SINGH CHAUDHARY Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) This petition under Section 482 of CrPC has been preferred against the order dated 29/1/2020 passed by Judicial Magistrate First Class, Gwalior in Criminal Case Yatendra Singh Chaudhary vs. State Bank of India No .10082/2013.

(2.) The facts in short are that the respondent has filed a private complaint under Section 138 of Negotiable Instruments Act before the Court of Judicial Magistrate First Class, Gwalior against the petitioner which is pending as Criminal Case No.10082/2013. The respondent produced himself as P.W.-1 and filed an affidavit under Section 145 of Negotiable Instruments Act as examination-in-chief and exhibited cheque in question as Ex.P-1. The petitioner filed an application under Section 311 of CrPC before the trial Court for summoning the employee of the respondent-bank with documents in his defence. Respondent- bank did not file any reply to the aforesaid application and submitted the arguments orally and prayed for the dismissal of the application under Section 311 of the CrPC filed by the petitioner. After hearing both the parties, the trial Court dismissed the application under Section 311 of CrPC.

(3.) Learned counsel for the petitioner has submitted that the trial Court has dismissed the application filed by the petitioner in illegal and arbitrary manner and against the settled principle of law. The trial Court did not consider the facts of the case that that defence of the petitioner/accused cannot be denied to call the employee of the respondent-bank as his defence witness. He has further submitted that the rejection of application for summoning the employee of the respondent-bank in his defence amounts to denial of fair trial. In support of his submission, learned counsel for the petitioner has relied upon the judgment passed by the Apex Court in the case of Vijay Kumar vs. State of U.P. & Anr ., [2011 (3) Crimes 147 (SC)]. Hence, prayed to allow this petition.