SAVITA Vs. RAM SINGH

JUDGEMENT

(1.) THE present petition has been filed under Section 482 of the Code of Criminal Procedure ( for short 'Cr.P.C.) for quashing of the order dated 26.03.2013 (Annexure P -3) passed by Learned Chief Judicial Magistrate, Narnaul in case First Information Report No.12 dated 11.01.2007 under Sections 420, 467, 468, 471 and 120 -B of the Indian Penal Code (for short 'the Code') registered at Police Station City Narnaul and order dated 04.12.2014 (Annexure P -4) passed by learned Additional Sessions Judge, Narnaul, whereby the application of the petitioner under Section 311 Cr.P.C has been dismissed.

(2.) AN application for recalling PW -4 Manager, Central Cooperative Society Bank, Ateli Mandi alongwith cheque No.004536, the payment of which was made by PW -1 Attar Singh on the basis of resolution, was filed by the prosecution in the case, particulars of which have been mentioned above. Learned counsel for the petitioner argued that PW1 -Attar Singh, Retired Development Officer, Central Co -operative Society Bank, Mandi Ateli had produced photocopy of the cheque the payment of which was made by him on the basis of resolution. However, the original cheque and the resolution sent to the Bank were not produced by him and he made the statement only on the basis of a photostat copy. Learned counsel contended that the cheque and the resolution were most material documents for complete and proper decision of the case and therefore PW -4, Manager Central Co -operative Society Bank, Ateli Mandi was required to be resummoned for proving the said documents. To support his arguments learned counsel for the petitioner relied upon the judgment of Supreme Court titled as Rajendera Prasad Vs. Narcotic Cell, 1999 6 SCC 110.

(3.) THE application was opposed by counsel for the respondents No.1 and 2. He submitted that the charge in the instant case was framed on 11.07.2011 and thereafter 9 effective opportunities were accorded to the prosecution to produce its evidence but it failed to conclude the same. Ultimately vide order dated 26.11.2012 the evidence of the prosecution was closed by learned trial Court and statements of the accused under Section313 Cr.P.C were recorded. In their defence one witness was examined by the accused after the prosecution challanged the order dated 26.11.2012 by way of a revision petition which was allowed by learned Additional Sessions Judge, Narnaul and the prosecution was allowed to examine four witnesses named by it in the revision petition and again the statement of the accused under Section 313 Cr.P.C was recorded and it is thereafter that the instant application seeking to examine Manager, Central Co -operative Societies Bank, Mandi Ateli was filed by the prosecution.