LAWS(HPH)-2017-4-53

SANJAY SHARMA Vs. BASANT RAM VERMA

Decided On April 06, 2017
SANJAY SHARMA Appellant
V/S
Basant Ram Verma Respondents

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure has been filed against the order passed by learned trial Magistrate, whereby application under Section 311 of the Code of Criminal Procedure filed by the petitioner/accused has been ordered to be dismissed.

(2.) Shorn of all un-necessary details, respondent filed a complaint under Section 138 of the Negotiable Instrument Act (hereinafter referred to as " the Act" for short) against the petitioner, which is pending adjudication.

(3.) The petitioner/accused was afforded repeated opportunities to lead his evidence on 27.4.2016, 21.6.2016, 23.7.2016, 18.10.2016, 26.11.2016, 21.12.2016, 12.1.2017 and ultimately on 23.2.2017. The petitioner himself closed his evidence. However, later, he filed an application under Section 311 of the Cr.P.C. on the ground that during the pendency of the trial, he had come to know that the complainant/respondent had filed another case titled as "Basant Verma versus Pranav Sharma, that too under Negotiable Instruments Act.