JASPAL SINGH Vs. BALWANT BROTHERS PVT LTD

JUDGEMENT

(1.) The instant Criminal Misc. Petition is directed against the order dated 17.8.2009 (Annexure P-5), whereby the application of the respondent moved under Section 311 of Code of Criminal Procedure, 1973 (for short 'the Cr.P.C.') was allowed.

(2.) The short but twin important questions of law that arise for consideration of this court are : (i) What is the object and scope of Section 311 Cr.P. C. ? (ii) whether the learned JMIC, Jalandhar, has exceeded its jurisdiction while passing the impugned order allowing the application under Section 311 Cr.P.C., thereby permitting the respondent for reexamining its authorised representative with a view to prove resolution dated 19.3.2004.

(3.) The facts of the case are hardly in dispute. However, briefly put, the relevant facts are that respondent filed its complaint under Section 138 of the Negotiable Instruments Act, (for short 'NI Act') vide Annexure P-1. During the course of trial, an application under Section 311 Cr.P.C. was moved vide Annexure P-3 and notice thereof was issued by the learned trial court to the other side. Reply was filed vide Annexure P-4. After hearing both the parties and in view of the facts and circumstances of the case, the learned trial court was of the view that although the application was moved at a belated stage, yet it was necessary for just decision of the case to allow the application under Section 311 Cr.P.C. It was also observed that no prejudice was going to be caused to the other side, which was also compensated by way of costs. Thus, the application under Section 311 Cr.P.C., was allowed vide impugned order dated 17.8.2009 (Annexure P-5).