MANOJ BALI Vs. GIRISH DHINGRA

JUDGEMENT

(1.) THE present petition has been preferred by the accused for quashing the order dated 10.6.2008 passed in Case No. 160/3 of 2000, pending in the trial Court under Section 138 of the Negotiable Instruments Act, whereby his application under Section 311, Cr.P.C. seeking permission to further cross-examine PW1 Rajeev Brar and PW2 Girish Dhingra respondent was dismissed.

(2.) PRECISELY , the facts giving rise to the present petition are that a cheque No. RKG-922845 dated 12-2-1999 drawn on Punjab National Bank, Parwanoo from account No. 8799 was issued for Rs. 15,000/- by the petitioner herein, in favour of the respondent allegedly to satisfy his debt liability, but when it was presented to the bank it was returned vide memo dated 10-8-1999, with the objection "insufficient funds". A registered notice dated 20-8-1999 was sent on 21-8-1999 for making the payment of the cheque amount which was received by the accused-petitioner on 25-8-1999. Despite that he failed to pay the amount, as such, the complaint was filed on 17-9-1999 against him.

(3.) THE accused petitioner had engaged Shri Atul Jaitly, Advocate to defend him in the case. The respondent herein, besides examining himself produced his witnesses. They were meticulously cross-examined by the said counsel and after closure of the evidence, statement of the accused was also recorded under Section 313 Cr.P.C. No evidence in defense was adduced.