ASHWANI KUMAR Vs. RAKESH JOSHI

JUDGEMENT

(1.) The petitioner-accused has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 (for short, "the Cr.P.C .") for quashing of order dated 11.06.2019 (Annexure P-3) passed by learned Judicial Magistrate 1st Class, Amritsar in Complaint bearing NACT No.4248/2016 titled as 'Rakesh Joshi Vs. Ashwani Kumar' whereby the application filed under Section 315 of the Cr.P.C. for permitting examination of the accused as his own witness was dismissed and order dated 22.11.2019 passed by the learned Additional Sessions Judge, Amritsar whereby revision petition filed against the above said order was dismissed.

(2.) For the sake of convenience, the parties are referred to by their description in the complaint filed before learned Judicial Magistrate 1st Class, Amritsar as complainant and accused respectively.

(3.) The complainant filed complaint under Section 138 of the Negotiable Instruments Act, 1881 (for short, "the NI Act ") pleading dishonour of cheque No.000075 dated 07.10.2016 issued by the accused in discharge of subsisting legal liability with remarks "Funds Insufficient" and failure of the accused to pay the amount of the cheque despite service of legal notice dated 26.10.2016. After summoning of the accused, evidence of the complainant was recorded and after completion thereof statement of the accused under Section 313 of the Cr.P.C. was also recorded. After defence evidence was closed, the accused filed application under Section 315 of the Cr.P.C. for permission to examine himself as his own witness which was dismissed by learned Judicial Magistrate 1st Class, Amritsar vide impugned order dated 11.06.2019 and revision petition filed against the same was dismissed by learned Additional Sessions Judge, Amritsar vide order dated 22.11.2019.