SUMITRA DEVI Vs. KAPOOR CHAND

JUDGEMENT

(1.) Petitioner, complainant in case No. 118-3 of 2013, titled as Sumitra Devi Vs. Kapoor Chand, filed under Sec. 138 of the Negotiable Instruments Act (for short 'NI Act'), has approached this Court against rejection of application filed by her for her re- examination, vide order dtd. 28/1/2020 passed by Judicial Magistrate First Class, Anni, District Kullu, H.P. (Trial Court).

(2.) I have heard learned counsel for the parties and have also gone through the material placed before me.

(3.) Petitioner has preferred a complaint under NI Act for dishonor of cheque issued by respondent Kapoor Chand for payment towards her salary, claiming that the said cheque was issued by respondent as Director of BHK construction Company. An affidavit in evidence, in examination-in-chief, has been filed by the petitioner and thereafter, she was subjected to cross-examination on behalf of respondent, wherein at one place she had admitted it to be correct that respondent was also an employee of the Company like her. At the time of her cross-examination, no liberty was prayed by her counsel to re-examine her regarding this part of statement made by her in cross- examination as in examination-in-chief she had stated that respondent was Director of the Company. However, later on an application was filed on behalf of petitioner for her re-examination by proposing filing of an affidavit in re-examination, stating therein that respondent was Chairman of the Company and he had issued the cheque in her favour on behalf of Company under reference.