JUDGMENT (Oral)

1. The present petition is filed under section 482 Cr.P.C. to set aside the impugned order dated 07.08.2019 passed by the court of Ms. Shruti Chaudhary, MM, Patiala House Courts in CC bearing no. 21046/2016 titled as Telestra Trade Place Pvt. Ltd. v Jagdambe Builders Pvt. Ltd. whereby the application under section 311 Cr.P.C. was dismissed.

2. The respondent filed a complaint under section 138 of the Negotiable Instruments Act, 1881 against the petitioner and other accused, which is stated to be pending before the concerned trial court.

3. The petitioner who is accused no. 2 before the trial court filed an application under section 311 Cr.P.C., which was dismissed vide impugned order dated 07.08.2019 by observing that the application under section 311 Cr.P.C. was filed after a prolong period of 03 years, for which, no justification was given on behalf of the petitioner/accused no. 2 to explain the delay.

4. Section 311 Cr.P.C. deals with the power of the Court to summon material witness. It reads as under:

"311. Any Court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person as a witness, or examine any person in attendanc