ATUL SOOD Vs. KOTAK MOHINDRA PRIME LTD.

JUDGEMENT

(1.) The present petition under Sec. 482 CrPC has been filed for setting aside order dtd. 4/7/2016, Annexure P-11, and order dtd. 20/7/2016, Annexure P-12, passed by learned Judicial Magistrate, 1st Class, Jalandhar, whereby the applications filed by the petitioner under Ss. 311 CrPC in Criminal Complaint No.34275 of 2013 under Sec. 138 of the Negotiable Instruments Act, 1881 were dismissed.

(2.) Briefly put, the petitioner is alleged to have approached the respondent-company for the financial assistance and in order to discharge part of his legal debt/ liability, the cheque bearing No.461687 dtd. 28/6/2013 issued in favour of the complainant for an amount of Rs.63,000.00, was dishonoured vide memo dtd. 29/6/2013 with remarks 'insufficient funds', that led to filing of the complaint in question.

(3.) Learned counsel for the accused-petitioner would contend that CW-1 Gulshan Dhamija, could not be properly cross-examined by the previous counsel of the petitioner on certain points as Ex.D2, the loan agreement, was entered into between M/s SS Pharmaceutical and the complainant-company, however, the cheque in question was issued by MAS Pharmaceutical Ltd. There is nothing on record to show that the applicant is having any connection with M/s MAS Pharmaceutical and to prove it, the petitioner had filed second application for summoning the witness from the office of Registrar of Companies. The said fact could not be noticed by the earlier counsel. Thus, he prays for grant of one opportunity to lead the aforesaid evidence.