LAWS(HPH)-2015-7-55

BALWANT SINGH Vs. MAMUDEEN

Decided On July 16, 2015
BALWANT SINGH Appellant
V/S
Mamudeen Respondents

JUDGEMENT

(1.) THIS petition under Section 482 Cr.P.C. read with Article 227 of the Constitution is directed against the order dated 30.1.2015 passed by learned Judicial Magistrate 1st Class, Court No. 2, Paonta Sahib in Criminal Case No. 12/3 of 2008 whereby the application moved by the petitioner for leading additional evidence under Section 311 Cr.P.C. has been ordered to be dismissed.

(2.) THE petitioner is facing a complaint under Section 138 of the Negotiable Instruments Act, 1889 (for short Act) on the allegation that he had issued a cheque to the complainant/ respondent which had been dishonoured for want of sufficient funds.

(3.) THE complainant on 28.8.2008 filed a complaint with the police regarding the non -payment of the aforesaid amount of cheque, upon which, the petitioner was summoned on 28.8.2008 and agreed to pay the amount in instalments. When the amount was not paid, a legal notice dated 20.10.2008 was issued and on failure to pay the amount within the statutory period the complaint as aforesaid was filed.