(1.) PETITIONER assails order dated 20.01.2015 passed by Judicial Magistrate Ist Class, Gurgaon vide which prayer of the petitioner for calling the record from the Bank has been dismissed.
(2.) PETITIONER submitted that after receiving notice of the complaint, accused approached the complainant with a request not to proceed with the complaint and he handed over another cheque No.332361 dated 07.02.2014 in the sum of Rs.8,00,000/ - and prayed that in the meantime he would arrange funds and, therefore, complainant would be having sufficient time to recover the cheque amount.
(3.) APPARENTLY second cheque has not been presented by the complainant for its encashment under the alleged plea that on verification it was found that accused was not having sufficient funds in the Bank. Complainant wants to summon official of the Bank with record of account of the accused, statement of account for the period January 2014 to March 2014 and cheque book series issued to accused in serial No.332361 of Punjab National Bank.