GAURAV KUMAR Vs. AVTAR SINGH

JUDGEMENT

(1.) The present petition under Sec. 482 Cr.P.C. has been filed seeking quashing of the order dtd. 18/1/2019 (Annexure P-3) (colly) passed by the learned Judicial Magistrate, 1st Class, Malerkotla in a complaint under Sec. 138 of the Negotiable Instruments Act No.259 of 2018 instituted on 27/3/2018 titled as "Gaurav Kumar Versus Avtar Singh" (Annexure P-1), whereby the application of the petitioner- complainant for summoning a witness under Sec. 311 Cr.P.C. has been dismissed.

(2.) The brief facts of the case are that the petitioner- complainant filed a complaint under Sec. 138 of the Negotiable Instruments Act against the respondent/accused alleging that the respondent had borrowed a sum of Rs.3,90,000.00 from the petitioner- complainant on 9/2/2018 and had issued a post-dated cheque No.892667 dtd. 22/2/2018 in favour of the petitioner-complainant.

(3.) Thereafter, the petitioner-complainant appeared and examined himself as CW-1 and during the course of his cross- examination on a question being asked, the petitioner-complainant stated that the respondent-accused had borrowed the said amount in the presence of one Pankaj Goyal. Thereafter, an application under Sec. 311 Cr.P.C. for seeking permission to examine Pankaj Goyal son of Inderjit Goyal was moved. The said application came to be dismissed vide order dtd. 18/1/2019 (Annexure P-3) wherein, it was held that merely because the name of Pankaj Jain had appeared in the cross- examination, the invocation of Sec. 311 Cr.P.C. was not warranted.