HARIHAR POLYMERS Vs. SABSONS AGENCIES PRIVATE LIMITED

JUDGEMENT

(1.) This petition has been filed under Sec. 482 of the Cr.P.C. for quashing the impugned order dtd. 7/12/2019 passed by the Judicial Magistrate First Class, Chandigarh in complaint case No.16749 of 2018 (M/s Sabsons Agencies Pvt. Ltd. vs. M/s Harihar Polymers and another) whereby the application of the petitioners/accused for striking off the evidence has been dismissed.

(2.) Brief facts as sculled out from the paper book are that the petitioners are accused in a private complaint filed by respondent under Ss. 138 read with 141 and 142 of the Negotiable Instruments Act, 1881 (for short 'the N.I. Act') on the ground that the petitioners- accused have failed to make payment of Rs.3,33,08,649.00 towards discharge of their joint and several legal liability due against the respondent/complainant company in lieu of the goods purchased by the petitioners/accused from time to time. During the proceedings before the Trial Court, the petitioners/accused filed an application (Annexure P-5) for striking off from the record of the case the 2nd affidavit of examination-in-chief dtd. 17/8/2019 and the documents filed alongwith it by the witness (CW-1) of the complainant and tendered in evidence on 29/8/2019.

(3.) The case of the petitioners is that the petitioner has filed the said application for striking off the evidence of the complainant/respondent in view of the law laid down by the Hon'ble Supreme Court in case Indian Bank Association and others Vs. Union of India and others : 2014 (5) SCC 590 wherein the Hon'ble Supreme Court has directed the Courts not to examine the complainant twice.