RITESH JINDAL Vs. KANTA DEVI
LAWS(DLH)-2020-1-68
HIGH COURT OF DELHI
Decided on January 22,2020

Ritesh Jindal Appellant
VERSUS
KANTA DEVI Respondents

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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