SATPAL Vs. STATE OF RAJASTHAN & ANR.

JUDGEMENT

(1.) Being aggrieved by the order dated 17.6.2011 passed by the learned Additional Sessions Judge No. 2 Shri Ganganagar, whereby the learned Judge has dismissed the petitioner's application filed under Sec. 391 Criminal Procedure Code, the petitioner has approached this Court.

(2.) The brief facts of the case are that Mahesh Kumar, the respondent No. 2, had filed a criminal complaint under Sec. 138 Negotiable Instruments Act wherein he had stated that the petitioner had given a cheque, cheque No. 279732 drawn on Punjab National Bank Branch, Sadulsahar. However, when he submitted the cheque for encashment in Ganganagar Central Sahakari Bank, Sadulsahar, he was informed that the account of the petitioner was closed. Therefore, the said cheque could not be honoured. Subsequently, he filed a complaint before the learned trial Judge. The learned Trial Court had convicted and sentenced the petitioner for the offence under Sec. 138 Negotiable Instruments Act. Hence, the petitioner had filed an appeal before the learned Judge. During the course of the pendency of the appeal, the petitioner moved an application under Sec. 391 Code Criminal Procedure requesting the documents of Punjab Natioinal Bank should be summoned and the concerned person should also be summoned. However, vide order dated 17.6.2011 the said application has been dismissed. Thus, this petition before this Court.

(3.) The learned counsel for the petitioner has contended that in order to substantiate the defence, in the interest of justice, it is imperative that the documents be summoned by the appellate Court. However, without assigned any cogent reason the appellate Court has dismissed the application.