BHIM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition under Section 482 of the Code of Criminal Procedure (in short 'Cr.P.C.') lays challenge to orders dated 28.08.2014 (Annexure P9) passed by the Additional Sessions Judge, Patiala and dated 05.08.2014 (Annexure P8) passed by the Judicial Magistrate Ist Class whereby the application filed by respondent No.2-complainant under Section 311 Cr.P.C. for leading additional evidence has been allowed.

(2.) The respondent-complainant initiated the proceedings under Section 138 of the Negotiable Instruments Act 1881 (in short 'the Act') read with Section 420 of the Indian Penal Code (in short 'IPC') in regard to dishonour of cheque bearing No.746553 dated 30.05.2013 drawn on Punjab National Bank, Gur Mandi Patiala in the sum of Rs.90,000/- for discharge of liability of a loan of Rs.90,000/- obtained by the accused and the cheque was dishonoured on its presentation to the bank on account of 'insufficient funds' and the accused-petitioner failed to make payment thereof despite receipt of legal notice.

(3.) The petitioner was served with notice of accusation for committing offence under Section 138 of the Act to which he denied his liability and claimed trial.