LAWS(J&K)-2015-9-47

OM PARKASH DHINGRA Vs. STATE THROUGH CBI

Decided On September 24, 2015
Om Parkash Dhingra Appellant
V/S
STATE THROUGH CBI Respondents

JUDGEMENT

(1.) This Criminal Revision Petition under Sec. 439 Cr.P.C is directed against order dated 13.06.2014 passed by learned Special Judge, CBI Cases at Jammu in case titled State through CBI Vs. Om Parkash Dhingra where under the application of the petitioner-applicant for seeking the indulgence of the Court to summon witnesses/documents, has been rejected.

(2.) It is contended by the petitioner that on 13.06.2014, the petitioner got examined one witness in his defence and, simultaneously, moved an application for summoning Senior Manager Personnel of J&K Grameen Bank along with personal file of one ex-Senior Manager namely, Sh. Ranbir Singh, who was charge sheeted in connection with the embezzlement of Rs. 14,14,700.00 at Branch Office, Khour in which the petitioner is singly facing trial but despite considering the application, the trial Court has rejected the same on the same date.

(3.) On the other hand, Mrs. Monika Kohli, learned counsel appearing on behalf of CBI has argued that the application moved by the petitioner is nothing but with a mala fide intention so as to delay the trial whereas the petitioner has been granted sufficient opportunity to produce the witnesses in his defence but the petitioner always failed to produce the witnesses.