GAFFUR KHAN Vs. KISHAN LAL

JUDGEMENT

(1.) - This criminal misc. petition under Sec. 482 Crimial P.C. has been filed by the petitioner being aggrieved with the order dated 19.9.2013 passed by the Sessions Judge, Churu (hereinafter referred to as 'the Revisional Court'), whereby a revision petition filed by the petitioner against the order dated 5.4.2013 passed by the Judicial Magistrate (First Class), Churu (hereinafter referred to as 'the Trial Court') has been dismissed.

(2.) The petitioner is facing proceedings under Sec. 138 of Negotiable Instruments Act, initiated at the instance of the sole respondent, in those proceedings the Trial Court vide order dated 5.4.2013, while exercising the powers under Sec. 311 CPC, has summoned the complainant PW-1 Kishan Lal for the purpose of giving further evidence.

(3.) The Trial Court on 3.4.2013, after recording the prosecution evidence and the defence evidence, has finally heard the arguments of learned counsel for the respective parties and fixed the matter for pronouncement of judgment on 5.4.2013. However, on 5.4.2013, the Trial Court has passed the impugned order, wherein it is observed that while perusing the record of the case, it is noticed that the documents which were relied upon by the complainant in his evidence have not been exhibited due to an error on the part of the Court. After observing this, the Trial Court has held that the error committed is of technical nature and for such error, any of the party could not be deprived of justice and the Court, while exercising the powers under Sec. 311 Crimial P.C. can recall a witness for reaching just decision of the case.