JAHURUDDIN Vs. MUSTKIM QURESHI

JUDGEMENT

(1.) Instant petition has been filed by the petitioner against the impugned order dtd. 9/9/2022 passed by the Special Metropolitan Magistrate (N.I. Act Cases) No. 1, Jaipur Metropolitan-II by which the application filed by the petitioner under Sec. 311 Cr.P.C. for summoning the Bank Manager has been rejected.

(2.) Counsel for the petitioner submits that the cheque in question was issued by the petitioner on 15/2/2013 and the validity of the cheque was three months but the said cheque was presented by the complainant with the Bank on 16/5/2013 that is after expiry of the validity period. Counsel submits that the above invalid cheque was dishonored by the Bank with the remark that Funds Insufficient'. Counsel submits that the evidence of the Bank Manager is essential for disposal of the complaint filed by the complainant against the petitioner for the offence under Sec. 138 of the N.I. Act but the trial Court has erred in rejecting the application filed by the petitioner under Sec. 311 Cr.P.C.

(3.) Heard and considered the submissions made at bar and perused the material available on record.