BRIJESH KAPOOR Vs. CHANAN RAM

JUDGEMENT

(1.) The petitioners assail order dtd. 24/1/2024 (Annexure P-12) passed by learned Judicial Magistrate 1st Class, Rajpura vide which the evidence of the petitioners has been closed by order.

(2.) The controversy in the present case hinges around the authenticity of agreement to sell dtd. 19/11/2004, as per which the respondent/complainant had agreed to sell land to the accused (petitioners).

(3.) The complainant instituted a complaint in the year 2014 alleging therein that the aforesaid agreement in question is a forged document. Pursuant to recording of preliminary evidence, the petitioners/accused were summoned and the trial proceeded, wherein after conclusion of complainant's evidence and also of recording statements under Sec. 313 Cr.P.C. of the accused, the complainant moved an application under Sec. 311 Cr.P.C. seeking permission to examine three more CWs namely Baghel Singh, Stamp Vendor, Jagjeet Singh Stamp Vendor and Davinder Singh, Junior Assistant, HRC, DC Office Mohali. The said application was duly accepted by the Trial Court vide order dtd. 13/12/2023 (Annexure P-4) and pursuant thereto the aforesaid three CWs were duly examined. After examination of the aforesaid three additional CWs, the Trial Court recorded additional statement under Sec. 313 Cr.P.C. of the accused on 22/1/2024. After the said additional statement under Sec. 313 Cr.P.C. had been recorded, the Trial Court adjourned the matter for two days and posted the same for 24/1/2024 for recording defence evidence.