JAGIR MACHINE TOOLS Vs. INDIAN OVERSEAS BANK

JUDGEMENT

(1.) The petitioner has assailed the order dtd. 29/9/2022 passed by the Court of learned Judicial Magistrate First Class, Amritsar vide which application under Sec. 311 of the Code of Criminal Procedure (for short 'the Code') has been dismissed and the order dtd. 25/1/2023 passed by the Court of learned Sessions Judge, Amritsar vide which revision petition has been dismissed.

(2.) The petitioner has been arraigned as an accused in the complaint under Sec. 138 of the Negotiable Instruments Act (for short 'the Act') instituted by the respondent. As per the information, the petitioner had issued a cheque of Rs.10.00 lakhs in discharge of his legal debts and liabilities in favour of the respondent and the same has been dishonoured on presentation with the remarks 'Exceeds Arrangement'. During the course of proceedings in the trial Court, the petitioner had moved an application under Sec. 311 of the Code for summoning the witnesses along with record. The application has been dismissed by the learned trial Court in terms of the order dtd. 29/9/2022 (Annexure P-5) and the revision preferred by the petitioner in the Court of learned Sessions Judge has also been dismissed in terms of the judgment dtd. 25/1/2023 (Annexure P-7).

(3.) Aggrieved by the aforesaid order/judgment, the petitioner has preferred the present petition seeking to quash/set aside the said order/judgment.