High Court of Punjab and HaryanaCRM-M/5272/2016disposed of

Satya Parkash v. Shri Parveen

2020-03-05Mr. Justice Ramendra Jain2 pages

-1CRM-M-5272 of 2016

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-5272 of 2016 Date of Decision: 05.03.2020 Satya Parkash

...Petitioner

Versus

Shri Parveen ....Respondent CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present:- Mr. Kunal Dawar, Advocate, for the petitioner. Mr. J.S. Bedi, Sr. Advocate, with Mr. Sonpreet Singh, Advocate, for the respondent. RAMENDRA JAIN, J. (ORAL) Through this petition under Section 482 Cr.P.C., complainant has laid challenge to order dated 09.02.2016 of the trial Court, whereby his application under Section 311 Cr.P.C. to exhibit pronote-cum-receipt, allegedly executed by respondent, by way of additional evidence was dismissed.

Briefly, in a complaint under Section 138 of the Negotiable Instruments Act filed by petitioner, both the sides concluded their evidence to their satisfaction. However, at the fag end, i.e. the stage of final arguments, petitioner desired to prove and exhibit a pronote-cum-receipt allegedly executed by respondent by way of additional evidence, which earlier could not be proved inadvertently as the same was produced and exhibited in a summary suit filed by the petitioner against respondent under Order 37 CPC. Thus, he moved application under Section 311 Cr.P.C. for RAVINDER SINGH 2020.03.07 14:13 I attest to the accuracy and integrity of this document

-2CRM-M-5272 of 2016 the said purpose. The same has been dismissed after hearing both the sides by the trial Court vide impugned order.

Heard.

Having given thoughtful consideration to the rival submissions, since, pronote-cum-receipt sought to be produced by the petitioner by way of additional evidence is a necessary document, duly mentioned in para No.3 of the complaint, therefore, setting aside impugned order dated 09.02.2016 of the trial Court, petitioner is permitted to prove the same, subject to exemplary costs of `75,000/- to be paid to the opposite side. Respondent-accused shall be granted an opportunity to cross-examine the complainant, if he so desires, and lead rebuttal evidence. Disposed of.

(RAMENDRA JAIN) March 05, 2020 JUDGE R.S.

Whether speaking/reasoned Yes/No Whether Reportable Yes/No RAVINDER SINGH 2020.03.07 14:13 I attest to the accuracy and integrity of this document