O.C.DOEGAR Vs. GANESH DUTT SHARMA

JUDGEMENT

(1.) THE Petitioner herein, is a complainant in Case No. 162 -3 of 2007 under Section 138 of the Negotiable Instrument Act. He has directed the present criminal revision petition against the order of the learned trial Court dated 29.3.2011 passed under Section 311 of the Code of Criminal Procedure, in short 'the Code ', allowing the application of Respondent -accused to produce Mamta and Raj Kumar as defence witnesses.

(2.) THE matter being short can be disposed of at the admission stage. Therefore, final arguments were heard.

(3.) SHRI Bhupender Gupta, learned Senior Advocate duly instructed by Shri Janinder Mittal, Advocate, for the accused -Respondent, countered the aforesaid arguments submitted that right from the very beginning the case of the accused has been that he never issued the cheque in question in favour of the Petitioner and also that some of the signed cheques alongwith cheque book were lost, even this defence was put to the Petitioner in his cross -examination and also stated by him to Question No. 8 of his statement under Section 313 of the Code, but when the Petitioner moved an application for producing the record pertaining to one Shri Pankaj Kumar, with respect to a cheque in the series and also the copy of an agreement alleged to have been executed inter -se the accused and Pankaj Kumar aforesaid, it was then suspected that his staff might have colluded with the Petitioner and Pankaj and a mischief must have been played with the accused, which necessitated the present application moved before the learned trial Court under Section 311 of the Code to bring on record the truth and their evidence would be essential, so as to enable the learned Court to come to the just decision of the case.