MEGH SINGH Vs. NAVEEN KUMAR

JUDGEMENT

(1.) THE petition is filed praying for quashing the impugned order dated 26.7.2013 passed by learned Sub Divisional Judicial Magistrate, Budhlada whereby he was pleased to dismiss the application filed by the petitioner/complainant under Section 311 Cr.P.C. praying for permission to lead additional evidence.

(2.) THE petitioner is the complainant who has prosecuted the respondent under Section 138 of the Negotiable Instruments Act. The evidence was completed and the questioning under Section 313 Cr.P.C. also was over. At this stage, the complainant filed a petition praying for permission to produce additional evidence.

(3.) THE petitioner/complainant has contended that the respondent/accused has let -in evidence as though the amount due to the complainant was already discharged by sale of an Alto Car by the accused to the complainant. But the fact remains that the Alto Car was purchased by the complainant for consideration and the consideration was paid by the complainant through bank drafts.