BABU RAM Vs. AMIT SHARMA

JUDGEMENT

(1.) By way of instant petition, petitioner has assailed the order dtd. 6/5/2022, passed by learned Judicial Magistrate, 1st Class, Shillai, District Sirmour, H.P. in case No. 69 of 2021, titled as Amit Sharma vs. Babu Ram.

(2.) Petitioner herein is the accused before learned trial Court in complaint filed against him by the respondent herein under Sec. 138 of the Negotiable Instruments Act. After closure of his defence evidence, petitioner herein/accused filed an application under Sec. 311 Cr.P.C. with a prayer to examine two witnesses named Bhagat Ram and Madan Singh. It was submitted in the application that the accused had already raised a defence that the complainant/respondent herein was engaged in business of 'Chit Fund' and had procured security cheques from various persons including the accused/petitioner herein. As per the petitioner herein/ accused, the witnesses sought to be examined by him were also the victims of respondent herein/complainant and would prove the factum of having handed over blank security cheques to the complainant. It was also submitted that the examination of such witnesses was necessary for the purposes of probalizing the defence of accused. Petitioner herein/ accused also maintained that he could not produce the witnesses earlier, as they were afraid of complainant.

(3.) The complainant/respondent herein contested the prayer of the accused by filing reply. The allegation of complainant engaged in business of 'Chit Fund' was specifically denied. It was submitted that the persons proposed to be examined as witnesses by accused had reasons to depose against the complainant as they were also accused in other cases, filed against them before learned Judicial Magistrate, 1st Class, Paonta Sahib and learned Judicial Magistrate, 1st Class, Shillai.