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2021 Supreme(Kar) 199

H.P.SANDESH
DTDC Express Ltd. , (Formerly Known As DTDC Courier and Cargo Ltd. ) – Appellant
Versus
DAT Enterprises – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Sri Dileep N., Advocate
For the Respondent:Sri Rajashekhar Seeri, Advocate

ORDER :

This petition is filed under Section 482 of Cr.P.C. praying this Court to set aside the order dated 29.04.2019 passed by the learned Magistrate in C.C.No.25672/2017 rejecting the application filed under Section 91 of Cr.P.C. and consequently to allow the application filed under Section 91 of Cr.P.C.

2. The factual matrix of the case is that the complainant, who is the petitioner herein, had filed the complaint under Section 200 of Cr.P.C. for the offence punishable under Section 138 of the Negotiable Instruments Act. The Trial Court has taken the cognizance and witnesses are examined before the Trial Court. At that juncture, the learned counsel for the complainant filed an application under Section 91 of Cr.P.C. praying the Court to summon the Bank Manager of HDRC Bank, Bashyam Circle, Rajajinagar Branch, Bengaluru, for the limited purpose of whether the accused has given the authorization to issue the cheque. The same has been rejected by the Trial Court. Being aggrieved by the said order, revision petition was filed and the Revisional Court held that revision is not maintainable. Hence, the present petition is filed before this Court.

3. The learned counsel for the petitione

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