SUKHPAL SINGH Vs. BALJIT SINGH

JUDGEMENT

(1.) Prayer in this petition is for setting aside the order dated 11.01.2017 passed by the trial Court in complaint No.COMA/1817 of 2014 dated 26.07.2013 titled as Baljit Singh Vs. Sukhpal Singh, vide which the application filed by the respondent-complaint under Section 311 Cr.P.C. was allowed and a new witness was permitted to be examined.

(2.) Learned counsel for the petitioner submits that the complaint was filed in the year 2013 and the petitioner was summoned on 17.10.2013. On 03.03.2016, the evidence of the respondent-complainant was closed, by making a statement by his counsel and the case was fixed for recording statement of the accused under Section 313 Cr.P.C., which was recorded 29.03.2016. Thereafter, the case was fixed for defence evidence and later on, the case was fixed for final arguments on 26.10.2016. Learned counsel further submits that on 26.10.2016, after hearing the arguments, the case was adjourned for 29.10.2016 and at that stage, the respondent-complainant moved an application under Section 311 Cr.P.C. for summoning the concerned Clerk of the State Bank of India along with the complete record of the case including memo dated 22.05.2016 issued by the bank, vide which the cheque was dishonoured.

(3.) Learned counsel for the petitioner has further submitted that in the application, it was stated that while issuing the memo by the bank regarding dishonouring of the cheque Ex.C2, no date was mentioned. Thereafter, the complainant obtained a certificate dated 28.10.2016 from the bank, in which it was stated that the memo Ex.C2 is dated 31.05.2013. The application was moved seeking permission to produce on record the memo Ex.C2 and the certificate dated 28.10.2016 to show that the cheque dated 15.03.2013, when produced before the Axis Bank, the same was returned on 22.05.2016 and in this regard, State Bank of India has issued a memo Ex.C2, which initially did not bear the date and now the complainant wants to prove the said date by examining an official of the bank.