AJAY SURI Vs. RAHUL SHARMA

JUDGEMENT

(1.) Prayer made in the petition is for setting aside the order dtd. 24/1/2019 passed by the Court of JMIC, SAS Nagar in complaint case NI 257 of 2015 dtd. 8/4/2015 under Sec. 138 of the Negotiable Instrument Act (Annexure P-1) vide which application under Sec. 311 Cr.P.C. filed by the petitioner/complainant to place on record statement given by accused Rahul Sharma in the Court of JMIC, Chandigarh on 20/11/2018 has been dismissed.

(2.) Brief facts of the case are that the petitioner/complainant had filed a complaint under Sec. 138 of the Negotiable Instruments Act (for short 'the Act') against the respondent, which is pending before the Judicial Magistrate 1st Class, SAS Nagar. The case was filed in the year 2015 and is now fixed for defence evidence of the accused as the statement under Sec. 313 Cr.P.C. was recorded on 12/9/2017.

(3.) Counsel for the petitioner has submitted that another complaint title as 'Gaurav Kansal v. Rahul Sharma', (the respondent), is also pending before the JMIC, Chandigarh under Sec. 138 of the Act and in that case also the statement of the respondent/accused was recorded on 3/9/2017.