AZRA Vs. MOHAMMAD AFZAL BAGHAT

JUDGEMENT

(1.) In a complaint under Sec. 138 of Negotiable Instruments Act 1881, filed before the court of learned Judicial Magistrate(Sub Judge) Chadoora, the complainants-petitioners herein are stated to have examined Nazir Ahmad Joo, Manager J&K Bank Branch Chadoora, Mohammad Yousuf Wani and Ghulam Nabi Wani as complainants' witnesses, which were stated to have been duly cross examined by learned counsel for the accused.

(2.) On 10/4/2014 the respondent-accused filed the application mentioning therein the list of defence witnesses seeking issuance of process for presence of witnesses namely Nazir Ahmad Joo, Advocate A.R.Hanjura, Manager J&K Bank Branch Chadoora and Patwari Halqa Wathora at S.No. 1 to 4 respectively, in the list of witnesses and it was prayed that these witnesses be called through the process of court. The application moved by the accused was allowed on the same day vide order dtd. 10/4/2014, perusal whereof reveals that it was allowed in a routine manner.

(3.) Aggrieved of the order dtd. 10/4/2014, whereby application moved by the accused was allowed in a routine manner, it was challenged by way of filing of petition under Sec. 561-A Cr. PC and this Court vide order dtd. 21/4/2017 allowed this petition No. 68/2015 and the impugned order dtd. 10/4/2014 was quashed, directing the petitioners to file objections within a period of 15 days from the date of the order with advance copy thereof to learned counsel for the accused and the learned trial Magistrate was directed to make an endeavour to hear and decide the application within next 15 days.