SATVINDER SINGH SON OF SHRI BHAGAT SINGH, RESIDENT OF HOUSING BOARD COLONY, PAONTA SAHIB, DISTRICT SIRMOUR, H.P. Vs. AMIT GUPTA SON OF SHRI SOM CHAND GUPTA, RESIDENT OF BADRINAGAR, TEHSIL PAONTA, DISTRICT SIRMOUR, H.P.

JUDGEMENT

(1.) AGGRIEVED by the impugned order dated 24.08.2011, passed by the learned trial court, whereby the prayer of the petitioner (accused) under Section 311 Cr.P.C. for permission to examine his father, Shri Bhagat Singh, by way of additional evidence to prove two cheques said to have been executed by the said Shri Bhagat Singh, which had already been brought on record and exhibited as Ex. DW -1/D and Ex. DW -1/C, has been declined on the ground that firstly the name of the said Shri Bhagat Singh does not find place in the list of witnesses filed by the accused and secondly that the said list has already been exhausted and moreover the cheques have already been exhibited, he is in revision before this Court.

(2.) BY now it is fairly settled that mere exhibition of a document would not amount to its proof in accordance with law. In such circumstances, there being no serious opposition to the prayer of the petitioner herein for leading additional evidence from the side of the respondent (complainant), I am satisfied that it shall be expedient and in the interest of justice that accused is afforded an opportunity to lead additional evidence by examining the aforesaid Shri Bhagat Singh to prove cheques Ex. DW -1/D and Ex. DW -1/C, being the person who is said to have issued those cheques.

(3.) THE petition, so also pending Cr.MP(s), shall stand disposed of in the above terms.