LAWS(P&H)-2022-5-303

GURDEEP KUMAAR CHHABRA Vs. RAJ KUMAR KUKKAR

Decided On May 10, 2022
Gurdeep Kumaar Chhabra Appellant
V/S
Raj Kumar Kukkar Respondents

JUDGEMENT

(1.) This is a petition filed under Sec. 482 of Cr.P.C. for quashing of impugned order dtd. 2/3/2020 (Annexure P-5) passed by the Court of Judicial Magistrate Ist Class, Abohar in Criminal Complaint No.37 dtd. 9/1/2018, vide which, an application filed under Sec. 311 of Cr.P.C. for summoning and examination of Sh. Ajay Ghilhotra, Notary Public alongwith material record, has been allowed.

(2.) Learned counsel for the petitioner has submitted that in the present case, an application filed under Sec. 311 of Cr.P.C. has been allowed only to fill up lacuna and the same has caused prejudice to the defence of the accused. It is further submitted that in spite of the opportunity given, the complainant never chose to examine the said witness. It is stated that the impugned order is illegal, against law and thus, deserves to be set aside.

(3.) This Court has heard the learned counsel for the parties and has perused the paper book.