SUNDER LAL Vs. URMILA THAKUR

JUDGEMENT

(1.) Instant petition is directed against order dated 18.8.2017, passed by the learned Judicial magistrate First Class, Manali in Cr. Case No. 69/188/2015, whereby an application having been filed by the petitioner-accused (hereinafter, 'accused') under Section 311 CrPC has been dismissed.

(2.) Facts, shorn of unnecessary details, necessary for the adjudication of the present case are that respondent-complainant (hereinafter, 'complainant') filed a complaint under Section 138 of the Negotiable Instruments Act against the accused, alleging therein that the accused had borrowed a sum of Rs.7.00 Lakh from her and with a view to discharge his aforesaid liability, issued a cheque. Since cheque allegedly issued in favour of the complainant came to be dishonoured owing to "insufficiency of funds", complainant was compelled to initiate proceedings under Section 138 of the Act ibid in the competent court of law. Complainant, by way of an affidavit tendered her evidence in support of her claim put forth in the complaint. Accused also cross-examined the complainant, as is evident from Annexure P-3.

(3.) After conclusion of evidence of complainant, an application came to be filed on behalf of the accused under Section 311 CrPC, praying therein to recall the complainant for crossexamination.