SHREEN HIRE PURCHASE PVT LTD Vs. KULWINDAR KAUR

JUDGEMENT

(1.) This is a petition under Section 482 Cr.P.C for quashing the order dated 28.8.2009 (PI) passed by the Additional Sessions Judge, Jalandhar and the order dated 4.7.2007 (P4) passed by the Judicial Magistrate 1st Class, Jalandhar, vide which, the application under Section 311 Cr.P.C filed by the petitioner has been dismissed.

(2.) Brief facts of the case are that the petitioner filed a complaint under Section 138 of the Negotiable Instrument Act against respondent, alleging therein, that respondent along with her husband Shri Charanjit Singh availed hire-purchase facility amounting to Rs.66,600 as she was working as Clerk from the petitioner company. Thereafter, the petitioner led evidence and in this regard Lt. Col. Iqbal Singh Chauhan (Retd.) Managing Director of the petitioner stepped into the witness box as PW3. During cross- examination, Lt. Col. Iqbal Singh Chauhan (retd.) Managing Director was directed to place on record certain document. As such, the Managing Director brought the documents and placed the same on record. But the petitioner did not cross-examine the said Managing Director on the said documents. Accordingly, the petitioner for the purpose of proving the said documents filed an application under Section 311 Cr.P.C. for recalling the witness namely Lt. Col. Iqbal Singh Chauhan (Retd.) before the Judicial Magistrate 1st Class, Jalandhar. However, the JMIC, dismissed the aforesaid application on the ground that if the same allowed for re-examination of witness, namely, Iqbal Singh Chauhan, then it will re-open the whole case and will prolong the case. The petitioner being aggrieved against the order dated 4.7.2007 dismissing the application under Section 311 Cr.P.C. filed a revision petition in the Court of learned Sessions Judge, Jalandhar. But the same was dismissed by the Additional Ses- sions Judge, Jalandhar, vide order dated 28.8.2009.

(3.) Hence, the present petition under Section 482 Cr.P.C. has been filed challenging the aforesaid orders.