MOHAMMAD YOUSUF MIR Vs. MOHAMMAD ABDULLAH JAN

JUDGEMENT

(1.) The petitioner herein appears to have been facing trial in the court of learned Judicial Magistrate 1st class, Pattan, on the charge of commission of offence under Sec. 138 Negotiable Instrument Act. Order passed on 14/12/2018 reveals that the application presented for examination of two more witnesses after closure of defence evidence, was rejected by the court. Feeling aggrieved of passing of said order(for short hereinafter referred as impugned order), petitioner has challenged it while contending that the approach of the learned trial court was unjustified and erroneous. Factual background of the case as has been put-forth to appreciate the arguments, is quoted from the petition:-

(2.) I have heard learned counsel for the petitioner who has laid emphasis on the argument that it was necessary for doing complete justice with the parties to call the witnesses for examination. The court having power under Sec. 540 Cr.PC was under obligation to do so, according to him.

(3.) I have considered the arguments raised by the learned counsel for the petitioner and gone through the material available on record.