VIJAY KUMAR Vs. KAMLA RANI

JUDGEMENT

(1.) This petition filed under Section 401 of the Code of Criminal Procedure, 1973 (for brevity, the Code) challenges order dated 4-9-2003 passed by the Additional Chief Judicial Magistrate, Faridkot allowing the application of the complainantrespondent for summoning Mr. Deep Chand Goyal, Advocate to prove the legal notice. In the complaint filed against the petitioner under Section 138 of the Negotiable Instruments Act, 1881, it has been alleged that on account of a compromise with the complainant-respondent, a sum of Rs. 4,60,000/ - was agreed to be paid and the complainant-respondent agreed to withdraw the suit after receiving the payment. As a part performance of the compromise, the accusedpetitioner is alleged to have paid by cheque No. SB/51 118589, dated 20-11-1993 an amount of Rs. 2,10,000/-. When the cheque was presented, the same was dishonoured and the complainant-respondent was informed that the funds were insufficient. An endorsement to that effect was made. The complainant-respondent served a notice on the accused-petitioner on 27-12-1993 but all in vain. The carbon copy of the notice and the postal receipts have been attached with the complaint. During the pendency of the complaint, the complainant-respondent filed an application for summoning Mr. Deep Chand Goyal. Advocate to Drove the legal notice. The application has been allowed by the Magistrate by holding as under

(2.) After hearing the learned counsel, I do not feel persuaded to interfere in the order of the Magistrate because there is ample power under Section 311, Cr.P.C. to call additional witness with the permission of the Court. The Court in its discretion under Section 311, Cr.P.C. would be fully competent to call such an additional witness. Therefore, there is no illegality in the order warranting interference under Section 401, Cr.P.C. The judgment relied upon by the learned counsel do not refer to Section 311, Cr.P.C. which clothe the Court with the power to call the witness at any stage for the just and proper decision of the case.

(3.) For the reasons recorded above, this petition fails and the same is dismissed. Petition dismissed.