JAI PARKASH SINGH Vs. RAJIV KUMAR GUPTA

JUDGEMENT

(1.) The petitioner assails order dated 7.11.2013 passed by learned Sessions Judge, Gurdaspur whereby his revision challenging order dated 5.6.2013 passed by Judicial Magistrate Ist Class, Batala had been dismissed.

(2.) A few facts necessary to notice for disposal of this petition are that respondent-petitioner/Rajiv Kumar Gupta had instituted a complaint dated 11.01.2002 (Annexure P-1) under Section 138 of the Negotiable Instruments Act, 1881 against the petitioner and his wife Mrs. Chinta Singh alleging therein that the accused had borrowed a sum of Rs.3.5 Lakhs and had issued a cheque dated 28.9.2001 for an amount of Rs.3.50 Lakhs in discharge of the said liability but upon presentation of the same, the same was dishonoured leading to filing of the complaint by the respondent/complainant.

(3.) It is a case where even after closure of evidence of the complainant in the year 2003, the matter has remained pending for almost 15 years till date out of which it remained at the stage of recording of defence evidence for almost a decade and thereafter has been pending for about 5 years in this Court wherein the petitioner challenged the orders vide which his evidence was closed by order by the learned trial Court.