FORTUNE GRAPHICS LTD AND OTHERS Vs. VASUNDHRA ENTERPRISES

JUDGEMENT

(1.) Present petition under Section 482 of the Code of Criminal Procedure is for quashing order dated 10.05.2019 (Annexure P/6), passed by learned Judicial Magistrate Ist Class, Yamuna Nagar in Complaint case No. NIA-1784/7.10.2016 (Annexure P/1) under Section 138/142 of the Negotiable Instruments Act, 1881 (for short, "the Act") whereby application for additional evidence, Annexure P/5, was dismissed.

(2.) Learned counsel for the petitioners mainly contended that the order dated 10.05.2019 (Annexure P/6), passed by learned Judicial Magistrate Ist Class, Yamuna Nagar is not a reasoned order as the petitioners wanted to examine two witnesses regarding transactions between the accused and the complainant. However, said prayer of the petitioners has been declined ignoring the fact that the same were relevant for the proper adjudication of the case and in the absence thereof, the petitioners would be without any cogent defence.

(3.) Having considered the submissions made by learned counsel for the parties and appraisal of record of this case file, this Court is of the considered view that the petitioner is primarily aggrieved by the order dated 10.05.2019 (Annexure P/6), passed by learned Judicial Magistrate Ist Class, Yamuna Nagar, which can be challenged before the Court of Sessions as per provisions of Section 397 Cr.P.C. For facility of reference, Section 397 Cr.P.C., is extracted below:-