RANJIT SINGH Vs. BOOTA SINGH

JUDGEMENT

(1.) PETITIONER , by way of instant petition under Section 482 of the Code of Criminal Procedure ('Cr.P.C.' for short), seeks quashing of the order dated 02.01.2015 passed by learned Additional Sessions Judge, Fazilka (Annexure P -4), whereby revision filed by the petitioner was dismissed, upholding the impugned order dated 16.10.2013 (Annexure P -3) passed by learned Sub Divisional Judicial Magistrate, Jalalabad (West), thereby dismissing the application of the petitioner moved under Section 311 Cr.P.C., for recalling the witness i.e. Branch Manager, Punjab & Sind Bank, Branch Chak Kherewala.

(2.) NOTICE of motion was issued.

(3.) LEARNED counsel for the petitioner refers to the communication dated 12.09.2013 (Annexure P -2) issued by the Manager, Punjab & Sind Bank, Branch Chak Kherewala, to contend that since cheque No. 671958 dated 17.10.2006 for Rs.5 lacs came to be wrongly debited to ZCC Account No. 6 of Smt. Basant Kaur instead of CC Account No. 206 of M/s. Ranjit Singh & Sons, the serious discrepancy took place but only because of a bonafide mistake on the part of Bank officials. Since this material fact was not in the knowledge of the petitioner, when he appeared as his own witness before the Court in the year 2012, petitioner was left with no other option except to move an application under Section 311 Cr.P.C., for recalling the concerned witness i.e Branch Manager of abovesaid Bank, so as to clarify this crucial aspect of the matter. He further submits that the material clarification which is being sought to be brought to the notice of the Court at the hands of the petitioner, would certainly facilitate the learned trial Court to come to a judicious conclusion. Learned counsel for the petitioner concluded by submitting that such a clarification would cause no prejudice to either of the parties. However, since the learned Courts below proceeded on a wholly misconceived approach, while passing the respective impugned orders, the same are patently illegal and liable to be set aside.