PUSHPA RANI Vs. SUDHIR KUMAR

JUDGEMENT

(1.) The prayer in the present petition under Sec. 482 Cr.P.C. is for setting aside the order dtd. 31/10/2019 (Annexure P-10) in COMA-7878/16 under Sec. 138 of the Negotiable Instruments Act, 1881 (for short 'the N.I.Act') and order dtd. 14/9/2018 (Annexure P-8) in COMA-7878/16 under Sec. 138 of the N.I. Act passed by the Judicial Magistrate Ist Class, Ludhiana whereby the application for recalling and for permission to the petitioners-accused to examine the hand-writing and finger print expert has been dismissed.

(2.) The brief facts of the case are that the petitioners-accused are said to have approached the respondent-complainant for advancement of a loan for a sum of Rs.4,00,000.00. In order to repay the same, the petitioner No.1-accused is said to have issued a cheque No.479496 dtd. 4/7/2016 for an amount of Rs.4,00,000.00 drawn on Oriental Bank of Commerce, Dharampura, Ludhiana, with an assurance that on encashment, the cheque would be cleared. However, the said cheque issued by the petitioner No.1-accused to the respondent-complainant was dishonoured with the remarks "funds insufficient" This lead to sending a legal notice, filing of a complaint under Sec. 138 of the N.I. Act. and subsequent summoning order.

(3.) Thereafter, the complainant-respondent (CW-1/Sudhir Kumar) got recorded his cross-examination on 4/8/2017 and the same is on record as Annexure P-5.