SUMIT MITTAL Vs. GAURAV JAIN AND ANOTHER

JUDGEMENT

(1.) This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C. for short) for quashing of order dated 5.10.2010 (Annexure P-2), whereby, revision petition filed by the petitioner-complainant against the order dated 13.11.2009 (Annexure P-1), declining the application filed under Section 311 Cr.P.C. (Annexure P-3) seeking permission to produce additional evidence, was dismissed.

(2.) The petitioner has filed complaint under Section 138 of the Negotiable Instruments Act, 1881 (for short- " the Act") against the respondent with regard to dishonour of cheque No. 483244 dated 25.10.2005 issued by the respondent in favour of the complainant for a sum of Rs. 9,50,000/-. During the pendency of the trial, petitioner moved an application under Section 311 Cr.P.C. seeking permission to summon and examine the clerk of State Bank of Patiala, Old Mandi, Ahmedgarh along with record of saving account No.55057356055 and clerk of State Bank of Patiala, Main Branch Ahmedgarh along with record of saving bank account No.55058746475 and clerk of office of Income Tax Department, Malerkotla along with income tax return from 2005-06 to 2008-09 of the complainant. The said application was dismissed by the trial Court vide order dated 13.11.2009 (Annexure P-1). The revision petition filed by the petitioner against the said order was also dismissed vide order dated 5.10.2010 (Annexure P-2). Hence, the present petition.

(3.) Learned counsel for the petitioner has submitted that the evidence now sought to be led by the petitioner was very necessary for the just decision of the case. The complainant wanted to establish that he had withdrawn Rs. 15,00,000/- from his accounts on 7.7.2005 and thereafter, the cheque amount in question had been borrowed by the respondent in cash.