BALJIT SNGH Vs. RANGAR BREWERIES LTD.

JUDGEMENT

(1.) The present petition has been filed for quashing of order dtd. 27/3/2023, passed by learned Additional Chief Judicial Magistrate, Una. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

(2.) Briefly stated, the facts giving rise to the present petition are that a complaint was pending before the learned Trial Court for the commission of an offence punishable under Sec. 138 of the Negotiable Instruments Act. The complainant filed an application under Sec. 311 of Cr.P.C. seeking the production and proof of documents mentioned in the application. It was asserted that the accused was working as an agent of the complainant. He approached the complainant to open an L-3 wholesale vend at Una. The accused was in charge of the liquor vend. He was duty-bound to deposit the sale proceeds with the complainant. He failed to do so and issued a cheque of Rs.41,01,327.00 in the discharge of his legal liability. The accused led the evidence to controvert the fact that he was in charge of L-13, Una; therefore, the application was filed for producing the documents on record.

(3.) The application was opposed by filing a reply taking preliminary objections regarding lack of maintainability and the applicant having suppressed the material facts from the Court. The contents of the application were denied on merits. it was asserted that the respondent-accused had earlier filed an application before the Court seeking copies of bills/sales invoices, account statements and stock statements of financial year 2014-15 from the complainant. The complainant resisted the application and did not supply the documents. The application was disposed of by the Court. The complainant asserted that the accused could not force the complainant to place the documents on record and all the relevant documents had been placed on record.