RAM PRASAD Vs. STATE OF RAJASTHAN & ORS.

JUDGEMENT

(1.) This criminal miscellaneous application has been filed under section 482 Cr. P.C. against the order dated 20.12.1988 passed by the learned Munsif and Judicial Magistrate, Gangapur City in criminal case No. 202/79, by which he rejected the petitioner's application under section 311 Cr. P.C. in which prayer had been made for calling Shri Hazari Lal Mahajan, partner of firm Bhagwan Sahai Ramavtar, Nai Mandi as witness along with record for evidence.

(2.) A trial is pending in which it is alleged by the petitioner that the accused non-petitioner cheated him by representing to be owner/muneem of firm Bhagwan Sahai Ramavtar and purchased 84 quintal of paddy at the rate of Rs. l04/- per quintal. In fact, the firm had already been dissolved. Therefore, the proceedings under section 402 Penal Code were initiated by petitioner against the accused non-petitioner.

(3.) It is submitted by Shri R.S. Agarwal, learned counsel for the petitioner, that he had earlier also on 17-5-86 moved an application under section 311 Crimial P.C. to call the firm Bhagwan Sahai Ramavtar along with its record for evidence. This application was rejected by trial Court vide its order dated 5-12-1986. Against this order, a petition under section 482 Crimial P.C. (No. 85/87) was filed in this Court which was also rejected on April 2, 1987. However, it is submitted by the learned counsel that it was observed by this Court that the application moved before the learned Magistrate is vague and misconceived. Since the firm stands already dissolved and the petitioner wanted to all one of the erstwhile partners of the firm, it could be considered in case he could satisfy the trial Court regarding his bonafides. It is contended by the learned counsel that now an application was filed to summon Shri Hazari Lal erstwhile partner of the firm along with record for the purposes of evidence. This application deserved to be allowed as it has important bearing on the trial and it is not vague in any sense.