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2024 Supreme(Del) 572

MANOJ KUMAR OHRI
Magnum Resources Pvt. Ltd. – Appellant
Versus
India Sewing Machine Company – Respondent


Advocates appeared:
Mr. Harmanpreet Singh Kohli, Advocate, for the Petitioner.
Mr Sohil Yadav, Advocate, for the Respondent.

JUDGMENT (Oral)

1. By way of present petition filed under Section 482 Cr.P.C., the petitioner seeks setting aside of the order dated 21.08.2023 passed by learned MM (NI Act), Saket Courts, New Delhi in CC NI Act 546/2022 whereby respondents' application filed under Section 311 Cr.P.C to summon certain material witnesses came to be allowed.

2. Briefly stated, the present proceedings arise out of a complaint filed by the petitioner under Section 138 NI Act. Cognizance of the said complaint was taken on 09.03.2022, whereafter notice was framed against the respondents/accused on 24.09.2022. Complainant's evidence commenced on 15.04.2023 wherein Authorized Representative of the complainant company was examined as CW-1. The respondents' statement under Section 313 was recorded Cr.P.C on 17.05.2023 whereafter, on the said date, respondent No.2 examined himself as DW-1. On that date itself, a list of witnesses, which the respondents wished to examine in their defence, was filed. The Trial Court issued summons to the witnesses mentioned at Serial No.2 i.e. `concerned officials of HDFC Bank Ltd.'. The court then proceeded to hear final arguments on 02.08.2023. Subsequent to this, the subject a

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