MOOLARAM Vs. SMT. NEETA GARG AND ANOTHER

JUDGEMENT

(1.) This criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioner being aggrieved with the order dated 17.12.2016 passed by the Special Judge, NI Act Cases No. 2, Jodhpur Metropolitan (for short the 'trial court' hereinafter) in Criminal Case No. 367/2015, whereby the trial court has allowed the application file d by respondent No. 1 with a prayer for summoning one witness Anil Garg to tender his evidence.

(2.) The petitioner is facing proceedings under Section 138 of the Negotiable Instrument Act initiated at the instance of the respondent No. 1 before the trial court. In the said proceedings, statements of respondent No. 1-complainant have already been recorded and the cross-examination by counsel for the petitioner has also been completed. At this stage, respondent No. 1 has moved an application with a prayer to summon her husband Anil Garg as a witness to tender his evidence. It is contended by respondent No. 1 that along with the complaint filed by her under Section 138 of the Negotiable Instrument Act, list of the witnesses has not been filed due to inadvertence and, therefore, now her application be allowed and her husband Anil Garg be summoned for tendering his evidence.

(3.) The application filed by respondent No. 1 for summoning Anil Garg as a witness has been opposed by learned counsel for the petitioner before the trial court and the trial court after hearing counsel for the parties, has allowed the said application while observing that during the cross-examination of respondent No. 1, certain questions regarding the authority of her husband to run the firm have been asked on behalf of the petitioner. It is also observed by the trial court below that as per the provisions of subsection (2) of Section 254 of the Cr.P.C., the court can summon any witness and can direct him to attend or to produce any document or other thing on the application of the prosecution. Learned trial court has observed that if the witness Anil Garg is summoned to tender his evidence, the petitioner will get opportunity to cross-examine him and, therefore, it cannot be said that the petitioner will be deprived of his rights in any manner, therefore the trial court has ordered for summoning Anil Garg to tender his evidence on 18.01.2017.