PARDEEP VERMA Vs. BUDH DEV KALIA

JUDGEMENT

(1.) Present petition has been filed assailing the impugned order dated 16.1.2019 passed by Additional Chief Judicial Magistrate-I, Amb, District Una, whereby an application, filed on behalf of accused/petitioner under Sec. 145(2) of Negotiable Instrument Act ('NI Act' in short), has been dismissed which application had already been allowed by his predecessor Presiding Officer.

(2.) I have heard learned counsel for the parties and have also gone through the record.

(3.) It is evident from the record that the petitioner/accused, after receiving the notice from the trial Court, had appeared in the Court on 17.1.2017. On that very first day, time, as prayed for, was granted to the petitioner/accused by the trial Court for filing an application under Sec. 145 of NI Act and this application, filed on 27.7.2017, was allowed on 15.3.2018, but instead of calling the witnesses for cross examination, the case was adjourned for Notice of Accusation on 18.6.2018. On 4.12.2018 again, the same order was repeated by the same Presiding Officer. Thereafter, Presiding Officer was transferred. Successor Presiding Officer again took up the same application for consideration on 16.1.2019 and vide impugned order passed on the same date, dismissed the application rejecting the request of petitioner/accused to summon and examine the witnesses, whose affidavits have been filed by the respondent/complainant in support of his case.