SUKHWINDER SINGH Vs. MANOJ GOYAL

JUDGEMENT

(1.) The present petition has been filed under Sec. 482 Cr.P.C. for quashing of impugned order dtd. 7/11/2017 (Annexure P-9), passed by learned Judicial Magistrate, Ist Class, Ludhiana, vide which the application filed by the respondent/complainant for re-examination of complainant, was allowed.

(2.) The respondent had filed a complaint bearing No. COMA/4324/2015 dtd. 14/7/2015 titled as Manoj Goyal v. Sukhwinder Singh (Annexure P-1) against the petitioner under Sec. 138 of Negotiable Instrument Act.

(3.) The complainant appeared and was cross-examined. Later on, he filed an application praying for his re-examination. In the application, it was mentioned that he was partner of Savita Forging Industries Ltd., Singhal Cycle Road, Dhandari Kalan, Ludhiana and wished to place on record partnership deed of the firm. It was argued that though the partnership deed was already on the judicial file, it could not be exhibited during his evidence. On behalf of the petitioner, it was argued that the application is not maintainable and that it amounts to filling up the lacuna in the evidence of the case of the complainant. It was argued that previously also an attempt was made by the complainant to exhibit the partnership deed through his accountant but the application was dismissed by learned Judicial Magistrate, Ist Class, Ludhiana vide his order dtd. 1/12/2016. The complainant filed a revision against the said order which was allowed by the then Sessions Judge, Ludhiana. However the said witness has not been examined by the complainant. It was also argued that the complaint has been filed by the complainant in his personal capacity and hence there was no need to take on record the partnership deed.