JUDGEMENT
MANOJ KUMAR OHRI,J. -
(1.)This petition is directed against the order dated 20.11.2019 passed by the Addl. Sessions Judge-03 (East), Karkardooma Courts in CC
No.57575/2016 arising out of proceedings under Section 138 of the
Negotiable Instruments Act whereby the order dated 12.09.2019 passed
by the Trial Court was upheld.
(2.)Briefly stated, the facts of the case are that the respondent/complainant in August, 2014 filed a case under Section 138
of the Negotiable Instruments Act against the petitioner. After the
examination and cross-examination of the respondent/complainant's
witnesses, the petitioner's statement was recorded and the matter was
listed for defence evidence. On 21.08.2019, the petitioner filed his list of
witnesses as well as an application for summoning the witnesses from
Punjab National Bank with respect to CC account
No.1845008700001103 along with complete records in respect of the
same. The petitioner also sought summoning of the concerned person
from P.S. Shalimar Bagh with respect to DD/NCR No.2778/12 and
complaint dated 23.01.2015 filed by the petitioner against the
respondent. Lastly, the petitioner also sought summoning of the
concerned Clerk/Ahlmad of the concerned Court with respect to CC
No.9306/2016 tilted as "Ritesh Jindal v. Kanta Devi" along with the
original file.
(3.)The Trial Court vide its order dated 12.09.2019 dismissed the petitioner's application for summoning of the witnesses with the records.
While passing the aforesaid order, the Trial Court also closed the right of
the petitioner to lead defence evidence.
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