DEEPAK JYOTI Vs. HIMACHAL PRADESH GRAMIN BANK

JUDGEMENT

(1.) By way of present petition, invoking provisions of Sec. 482 of the Code of Criminal Procedure (for short 'Cr.P.C."), petitioner has assailed impugned order dtd. 13/1/2020, passed by Additional Chief Judicial Magistrate, Court No. 1, Sarkaghat, District Mandi, H.P., in case No. 509 of 2014, titled as Himachal Gramin Bank Vs. Deepak Jyoti, whereby application preferred by the petitioner under Sec. 311 Cr.P.C. for re-calling the Bank Manager as a witness alongwith entire record of dishonor of cheque in reference, entire record of loan account of accused/petitioner and for producing certified copies of documents of recovery suit preferred by the Bank against the petitioner/accused in evidence, has been dismissed.

(2.) Petitioner in present case had obtained loan amounting to 9,73,250/- for purchasing a passenger bus on 26/8/2010. There was default in repayment of loan. For repayment of loan amount, petitioner/accused issued a cheque of 3,50,000/-, dtd. 16/9/2013 in favour of Himachal Gramin Bank. The said cheque was dishonored on 17/9/2013 due to 'insufficient funds' in the account of accused/petitioner, which lead to filing of complaint by the Bank, after complying provisions of Negotiable Instruments Act, against the petitioner/accused.

(3.) CW-1 Ramesh Kumar (Manager) was examined as complainant's witness on 6/9/2017 and in his cross-examination he had stated that he had not brought the record of loan account of petitioner/accused, but there was no request made on behalf of respondent/accrued at that time to defer the examination of the said witness for cross-examining him on production of record of loan account of the petitioner/accused. The witness was examined in the year 2017, whereas application under Sec. 311 Cr.P.C. was filed in November, 2018.