PIAR SINGH Vs. DISHANT CONSTRUCTIONS

JUDGEMENT

(1.) Being aggrieved with the order dated 6.1.2017 passed by learned Judicial Magistrate 1st Class (Junior Division), Mandi in case No.84-1/2011, whereby application having been filed by the petitioner-accused under Sec. 311 of the Code of Criminal Procedure (hereinafter referred to as the 'Cr.P.C.') came to be dismissed, petitioner-accused has approached this Court by way of instant petition filed under. Sec. 482 Crimial P.C. praying therein for setting aside the aforesaid impugned order.

(2.) Briefly stated facts, as emerged from the record, are that the respondent-complainant filed a complaint under Sec. 138 of the Negotiable Instrument Act, in the Court of learned trial Court against the present petitioner-accused, alleging therein that the petitioner-accused in order to discharge his liability on account of debt towards the respondent-complainant, issued a cheque bearing No.942861, dated 15.11.2010, amounting to Rs. 3,80,000.00 drawn on Punjab National Bank, Bharmour (Chamba) Branch in favour of respondent-complainant. Since cheque referred above came to be dishonoured on its presentation, respondent-complainant served statutory demand notice on the petitioner calling upon him to make the payment good within stipulated time. Since petitioner-accused failed to make payment good, respondent-complainant was constrained to file complaint under Sec. 138 of the Negotiable Instrument Act.

(3.) Learned trial Court taking note of preliminary evidence adduced on record by the complainant, put notice of accusation on the petitioner under Sec. 138 of the Negotiable Instrument Act, which he pleaded not guilty and claimed trial. It also emerged from the record that respondent-complainant in support of his complaint himself stepped into witness box as a sole witness and evidence of respondent-complainant was closed on 20.9.2014, where after petitioner-accused led his evidence and the same was also closed on 17.2016. Subsequently, on 11.8.2016 petitioner filed an application under Sec. 311 Crimial P.C. praying therein for summoning and examining bank official from the Kangra Central Cooperative Bank Limited Manali Branch, as a witness.