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2024 Supreme(HP) 4

RAKESH KAINTHLA
Baljit Singh – Appellant
Versus
Rangar Breweries Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Subhash Sharma, Advocate.
For the Respondent:Mr. Suneet Goel, Advocate.

JUDGMENT :

Rakesh Kainthla, J.

The present petition has been filed for quashing of order dated 27.3.2023, passed by learned Additional Chief Judicial Magistrate, Una. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

2. Briefly stated, the facts giving rise to the present petition are that a complaint was pending before the learned Trial Court for the commission of an offence punishable under Section 138 of the Negotiable Instruments Act. The complainant filed an application under Section 311 of Cr.P.C. seeking the production and proof of documents mentioned in the application. It was asserted that the accused was working as an agent of the complainant. He approached the complainant to open an L-3 wholesale vend at Una. The accused was in charge of the liquor vend. He was duty-bound to deposit the sale proceeds with the complainant. He failed to do so and issued a cheque of .41,01,327/- in the discharge of his legal liability. The accused led the evidence to controvert the fact that he was in charge of L-13, Una; therefore, the application was filed for producing the documents on record.

3. The application

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