Tarlok Singh Chauhan, Judge

Since common questions of law and facts are involved in both theses petitions, therefore, they were taken up together for disposal.

2. These petitions under Section 482 of the Code of Criminal Procedure (for short ‘Code’) has been preferred against the order passed by the learned Additional Sessions Judge, Kullu on 5.9.2014, whereby he set aside the order passed by the Special Judicial Magistrate, Kullu and allowed the application preferred by the respondent under Section 311 of the Code.

3. The respondent is the complainant who instituted a complaint under Section 138 of the Negotiable Instruments Act (for short the ‘Act’). The present application under Section 311 of the Code has been moved for the second time by the complainant alleging there in that due to inadvertent mistake the counsel for the complainant could not tender and prove the copies of statements of account of the Jammu and Kashmir Bank Ltd. Kullu Branch at the time of his evidence and therefore, she intends to prove the same by calling the Manager/dealing hand.

4. In reply filed by the petitioner, this application was opposed on the ground that the bank clerk/Manager has already b