DOVE APPAREL PVT LTD. Vs. KULDEEP KUMAR JAIN

JUDGEMENT

(1.) Jurisdiction of this court has been invoked under sec. 482 Cr.P.C. for quashing of order dtd. 21/4/2023 (Annexure P-1) passed by JMIC, Ludhiana in complaint dtd. 17/1/2019 bearing COMA No. 976-2019 titled as 'Kuldeep Kumar Jain vs. M/S Dove Apparel Pvt Ltd whereby the application filed by the respondent u/s 311 Cr.P.C was allowed.

(2.) Factual matrix of the case unfolds that the respondent filed a complaint u/s 138 of the Negotiable Instruments Act, 1881 against the petitioner through his GPA namely Manoj Kumar, alleging that that the cheques issued by the Petitioner for the discharge of its legal liability were dishonoured. Further, at the stage of evidence, Manoj Kumar Jain was cross examined firstly on 22/11/2021 wherein he admitted that Respondent-Kuldeep Kumar Jain is the Father and proprietor of 'M/s Adishwar Yarns' but the cross was deferred for want of documents. Thereafter, Manoj Kumar Jain was further cross examined on 18/8/2022 wherein he admitted that the complaint has been filed in regard to the dealings between M/s Adishwar Yarns and M/s Dove Apparel Pvt Ltd.

(3.) The counsel for the petitioners at the very outset contends that only to fill the lacuna in his case, the complainant-respondent filed an application u/s 311 Cr.P.C for tendering revised and rectified GPA dtd. 9/11/2022(Annexure P-7) in favour of Manoj Kumar Jain.