SUBH ENTERPRISES Vs. SHANKHALA PAINTS & BUILDING MATERIAL

JUDGEMENT

(1.) This criminal misc. petition under Section 482 Cr.P.C., 1973 is filed by the petitioner being aggrieved with the order dated 06.01.2018 passed by the Special Metropolitan Magistrate (N.I. Act Cases), No.2 Jodhpur Metropolitan (hereinafter to be referred as 'the trial court') in case No.540/2016 whereby, the application filed by the petitioner under Section 311 Cr.P.C., 1973 with a prayer for summoning one Jitendra as witness has been dismissed.

(2.) The complaint against the petitioner under Section 138 of the Negotiable Instrument Act is pending in the trial court. One witness PW-1 was examined on behalf of the complainant on 28.06.2017. On 04.09.2017 the petitioner moved an application under Section 311 Cr.P.C., 1973 with a prayer that PW-1 Jugal Kishore in his statement admitted that the petitioner was not known to him and all the transactions between the petitioner and the Nippon Paints were through their sales manager Jitendra, therefore, in view of the clear admission of PW-1, sales manager Jitendra be summoned as witness.

(3.) The trial court after hearing counsel for the petitioner has dismissed the said application while observing that the petitioner has failed to show that how the evidence of sales manager Jitendra is essential for the just decision of the case and therefore, the prayer of the petitioner is not liable to be accepted.