FAROOQ AHMAD WANI Vs. TARIQ AHMAD KHAN

JUDGEMENT

(1.) The petitioner in the instant petition filed under Sec. 482 Cr.P.C is seeking setting aside of orders dtd. 31/3/2021 and 27/7/2022 passed by the court of Chief Judicial Magistrate and Principal Sessions Judge, Anantnag, respectively (for short the Trial Court and the Revisional Court).

(2.) Facts giving rise to the filing of the instant petition reveal that the respondent herein filed a complaint under and in terms of the provisions of Negotiable Instruments Act, 1881 against the accused petitioner herein for dishonor of a cheque issued by accused petitioner herein in favour of complainant respondent herein before the trial court, wherein the trial court proceeded with the trial of the same after taking cognizance and summoning the accused petitioner herein. During the course of the proceedings before the trial court, the complainant respondent herein adduced his evidence in support of the complaint, whereafter, the trial court called upon the accused petitioner to enter upon his evidence for defense and on 31/3/2021, the counsel for the accused petitioner herein made a statement that he does not want to produce any evidence as a consequence whereof, the defense evidence came to be closed by the trial court on 31/3/2021.

(3.) On 13th December, 20222, the accused petitioner herein, however, filed an application under Sec. 311 Cr.P.C before the trial court praying therein for leave of the court for summoning witnessesn being Branch Head of Jammu & Kashmir Bank Cheeni Chowk, Anantnag, Bank Officials of State Bank of India Branch Anantnag, one Ab. Hameed Wani C/o Showkat Gas Agency Anantnag and another Aushiq Hussain C/o Khan Enterprises Reshi Bazar Anantnag, in order to prove that the accused petitioner paid whole cheque amount outside the court being Rs.2,70,270.00 to the complainant respondent herein. The said application came to be opposed by the complainant respondent herein before the trial court, whereafter the application in terms of impugned order dtd. 31/3/2021, came to be rejected by the trial court, while order came to be challenged by the accused petitioner herein in a revision petition before the Revisional court, while revision petition came to be dismissed on 27/7/2022.