TARUN KUMAR Vs. RAJESH

JUDGEMENT

(1.) The present petition has been filed by the petitioner under Sec. 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short BNSS') making prayer for quashing the order dtd. 18/12/2024 (Annexure P-9), passed by the Court of learned Judicial Magistrate First Class, Rohtak in complaint bearing COMA No. 1046 of 2018, titled as Rajesh vs. Tarun, filed under Sec. 138 of the Negotiable Instruments Act, 1881 (for short N. I. Act), whereby an application filed by the petitioner/accused under Sec. 311 of the Code of Criminal Procedure (for short the Code') had been dismissed.

(2.) Briefly stated, the relevant facts of the case are that the aforesaid complaint has been filed by the respondent under Sec. 138 of the N. I. Act on the allegations that the petitioner had purchased a car from the respondent for a sale consideration of Rs.5,70,000.00. An amount of Rs.1,45,000.00 was paid by the petitioner and rest of the amount i.e. Rs.4,25,000.00 was to be paid by him by raising a loan from the bank. In order to discharge his liability, the petitioner had issued a cheque for an amount of Rs.3,70,000.00 on 12/1/2018 but on presentation of the same before the banker of the respondent, the same was dishonoured with the remarks funds insufficient'. The petitioner failed to pay the amount due against him even after receipt of legal notice from the respondent, thereby compelling the respondent to file the aforesaid complaint. Process has been issued against the petitioner and he is facing trial before the learned trial Court.

(3.) The petitioner had moved an application under Sec. 311 of the Code for re-examination of the respondent/complainant. After taking reply on this application and hearing the arguments, the learned Magistrate had dismissed this application by observing that the petitioner had availed sufficient opportunities to conclude his evidence and had already cross-examined the respondent/complainant at length. Feeling aggrieved, the petitioner has filed the present petition.