SUNNY KUMAR Vs. ARVINDER PAL SINGH

JUDGEMENT

(1.) Present petition has been filed under Sec. 528 of BNSS, 2023 seeking setting aside of order dtd. 24/1/2025 (Annexure P-2) passed by the learned Judicial Magistrate 1st Class, Jalandhar in NACT No.3564 of 2020 and for quashing of order dtd. 7/7/2025 (Annexure P-5), vide which, the revision petition filed by the petitioner against the aforesaid order has also been dismissed.

(2.) Learned counsel for the petitioner argued that petitioner filed an application under Sec. 311 Cr.P.C. praying for recalling of order dtd. 24/1/2025 (Annexure P-2) but the same was rejected by the Trial Court vide order dtd. 7/7/2025 (Annexure P-5) and declined to recall the earlier order dtd. 24/1/2025 (Annexure P-2), vide which the opportunity to cross examine the complainant was treated as nil. Learned counsel further contended that petitioner is an accused in the complaint under Sec. 138 of Negotiable Instruments Act, 1881 (for short 'N.I Act') and without cross-examination of the complainant, he shall suffer an irreparable loss and injury. Learned counsel submitted that there was no deliberate intention on the part of petitioner in not cross-examining the complainant and infact his counsel was not available. Learned counsel lastly submitted that learned Trial Magistrate has erred in declining the application under Sec. 311 Cr.P.C. vide impugned order dtd. 7/7/2025 (Annexure P-5) and same is liable to be set aside.

(3.) I have heard learned counsel for the petitioner and material on file has been perused.