SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2019 Supreme(HP) 147

VIVEK SINGH THAKUR
Mohinder Singh Dudharta – Appellant
Versus
Bal Krishan Rawat – Respondent


Advocates Appeared:
K.B. Khajuria, Adv., Pushpinder Verma, Adv., Neeraj Gupta, Adv., Rinki Kashmiri, Adv.

JUDGMENT :

VIVEK SINGH THAKUR, J.

1. This petition has been preferred against the impugned order dated 27.4.2018 passed by learned Judicial Magistrate 1st Class, Court No. 2, Rohru, H.P. in Complaint Case No. 69/3 of 2014 filed under Section 138 of the Negotiable Instruments Act, whereby trial Court, in an application filed on behalf of complainant/respondent to place additional documents on record, has permitted to produce the documents.

2. Impugned order has been assailed on the ground that application preferred by complainant/respondent was filed under Order 7 Rule 14 (3) of the Code of Civil Procedure read with Section 151 C.P.C, whereas complaint filed under the Negotiable Instruments Act is to be governed by the provisions of Criminal Procedure Code (Cr.P.C.) and thus the impugned order passed by the trial Court is without jurisdiction, as he was not competent to entertain the application for placing on record additional documents under the provisions of CPC in a Criminal Complaint. It is further submitted that it is not a case of mentioning wrong provision of law, but is a case of applying Civil Procedure Code in a Criminal Case.

3. Learned counsel for the respondent has suppo
























Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top