MOHINDER SINGH DUDHARTA Vs. BAL KRISHAN RAWAT

JUDGEMENT

(1.) This petition has been preferred against the impugned order dated 27.4.2018 passed by learned Judicial Magistrate 1st Class, Court No. 2, Rohru, H.P. in Complaint Case No. 69/3 of 2014 filed under Section 138 of the Negotiable Instruments Act, whereby trial Court, in an application filed on behalf of complainant/respondent to place additional documents on record, has permitted to produce the documents.

(2.) Impugned order has been assailed on the ground that application preferred by complainant/respondent was filed under Order 7 Rule 14 (3) of the Code of Civil Procedure read with Section 151 C.P.C, whereas complaint filed under the Negotiable Instruments Act is to be governed by the provisions of Criminal Procedure Code (Cr.P.C.) and thus the impugned order passed by the trial Court is without jurisdiction, as he was not competent to entertain the application for placing on record additional documents under the provisions of CPC in a Criminal Complaint. It is further submitted that it is not a case of mentioning wrong provision of law, but is a case of applying Civil Procedure Code in a Criminal Case.

(3.) Learned counsel for the respondent has supported the impugned order for the reasons assigned therein and has relied upon pronouncement of the Apex Court in Mina Lalita Baruwa Vs. State of Orissa and others, 2013 16 SCC 173 for explaining the powers of Court under Section 311 Cr.P.C. and has also referred a judgment of Co-ordinate Bench of this Court in case titled Anil Chauhan Vs. Education Society, Mandi reported in Latest HLJ 2014 (HP), 1080, wherein in almost identical case, order of trial Court allowing the application under Section 311 Cr.P.C. has been upheld.