LAWS(HPH)-2014-8-85

SIDHESWAR ENTERPRISES Vs. DEEKAY MOTORS

Decided On August 23, 2014
Sidheswar Enterprises Appellant
V/S
Deekay Motors Respondents

JUDGEMENT

(1.) SINCE both the petitions raise common question of law and facts, therefore are being collectively taken up for disposal.

(2.) THE petitioner is aggrieved by the order dated 19.5.2014 passed by the learned Chief Judicial Magistrate, Mandi whereby its application under Section 91 read with Section 311 Cr.P.C. for summoning the witnesses has been dismissed by according the following reasons:

(3.) THE learned counsel for the petitioner has strenuously argued that Section 311 Cr.P.C. has to be liberally construed and is intended to arm the Judge with the most extensive power possible for the purpose of getting at the truth. He further contends that the very object of a trial is common, first to ascertain truth by the light of reason, and then, do justice upon the basis of the truth and here the Judge is not only justified but is required to elicit a fact, wherever the interest of truth and justice would suffer, if he did not do so.