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2023 Supreme(HP) 558

VIVEK SINGH THAKUR
Gagnesh Thakur – Appellant
Versus
Vishal Awasthi – Respondent


Advocates Appeared:
For the Petitioner: Mr. Devender K. Sharma.
For the Respondent: Mr. Pradeep K. Sharma, Mr. Akash Thakur.

JUDGMENT :

Vivek Singh Thakur, J.

Petitioner herein is complainant in a case Criminal Complaint No.253 of 2013, titled as Gagnesh Thakur v. Vishal Awasthi, preferred by him under Section 138 of the Negotiable Instrument Act (‘NI Act’ for short), which is pending adjudication before the trial Magistrate.

2. Respondent-accused had preferred an application, under Section 311 of the Code of Criminal Procedure (‘Cr.P.C.’ for short), being Cr.MP No.2 of 2018 before the trial Magistrate, when the case was pending for arguments. The said application was allowed by the Magistrate vide order dated 1.2.2018.

3. Criminal Revision Petition No.8 of 2018, titled as Gagnesh Thakur v. Vishal Awasthi, preferred by the complainant against the said order, stands dismissed by Additional Sessions Judge(II), Mandi, District Mandi, Himachal Pradesh, vide order dated 10.10.2018.

4. Present petition has been filed, invoking provisions of Section 482 Cr.P.C., assailing aforesaid orders for setting aside the same, by rejecting the prayer of the respondent-accused to lead further/additional evidence/ cross-examine the complainant.

5. I have heard learned counsel for the parties and have also gone through record plac

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