JUDGEMENT
JASJIT SINGH BEDI,J. -
(1.)The prayer in the present petition under Sec. 482 Cr.P.C. is for setting aside the order dtd. 1/3/2021 (Annexure P-1) passed by the learned Sub Divisional Judicial Magistrate, Nabha, whereby the application filed by the petitioner/complainant under Sec. 311 Cr.P.C. for placing on record the bank statement of the petitioner/complainant in the complaint filed by the petitioner under Sec. 138 of the Negotiable Instruments Act registered vide COMA 786/2018 dtd. 11/12/2018 titled as "Sucha Singh Versus Dharam Singh" has been dismissed.
(2.)The brief facts of the case are that the petitioner/complainant filed a complaint under Sec. 138 of the Negotiable Instruments Act to the effect that the respondent/accused in the month of November, 2015 had taken a cash loan of Rs.7.00 lakhs from the petitioner/complainant at Nabha. In discharge of his legal liability towards the petitioner/complainant, the respondent/accused had issued a cheque bearing No.000014 dtd. 8/11/2018 for an amount of Rs.7,00,000.00 drawn on Punjab and Sind Bank, New Grain Market Nabha in favour of the complainant. The said cheque came to be dishonoured leading to the filing of the complaint and subsequent summoning of the respondent/accused.
(3.)The trial proceeded against the accused-respondent. Pursuant to the examination and cross-examination of the complainant, he i.e. the petitioner/complainant moved an application under Sec. 311 Cr.P.C. to place on record his account statement for the month of November, 2015 pertaining to Andhra Bank, Branch Circular Road Near Bouran Gate, Nabha. He sought to establish that an amount of Rs.14,90,000.00 had been withdrawn by him a part of which was given to the respondent/accused, who in discharge of his legal liability issued the cheque in question which was subsequently dishonoured.
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