AUTO TECH ENGINEERING Vs. SHRI MEHANDIPUR BALAJI ENTERPRISES

JUDGEMENT

(1.) Case taken up through video conferencing.

(2.) This petition under Sec. 482 Cr.P.C. has been directed against the order dated 20.E2020 passed by Judicial Magistrate 1st Class, Ludhiana in Criminal Complaint No.COMA/0005568/2015 dtd. 15/5/2015 titled "M/s Shri Mehandipur Balaji Enterprises Versus M/s Auto Tech. Engineering and another" filed under Sec. 138 of Negotiable Instruments Act, 1881, vide which the trial Court had dismissed the application moved by petitioner/accused under Sec. 311 Cr.P.C. for recalling CW2 Gaurav Garg.

(3.) Briefly stated, the facts of the case, which are relevant for the purpose of decision of the present revision petition are that in a complaint case CW2 Gaurav Garg had produced certificate under Sec. 65-B of Indian Evidence Act with regard to ledger entries, statement of account and invoices etc., which was exhibited as Ex.C7. He was not subjected to cross-examination. Subsequently, accused moved an application under Sec. 311 Cr.P.C. for permission to crossexamine CW2 Gaurav Garg with regard to certificate Ex.C7. However, that application was dismissed vide the impugned order. For ready reference, the relevant part of the order is being reproduced as under: