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2016 Supreme(P&H) 2501

JASPAL SINGH
Surjit Kumar – Appellant
Versus
Jaspreet Singh Bhaika – Respondent


Advocates Appeared:
For the Petitioner: Mr. Satya Pal Jain, with Mr. Dheeraj Jain, Mr. Vijay Kumar Chaudhary.
For the Respondent: Mr. Onkar Singh Batalvi.

JUDGMENT :

Jaspal Singh, J.

1. Challenge in this revision petition is to order dated August 05, 2013 passed by the Judicial Magistrate 1st Class, Chandigarh.

2. Brief facts giving rise to the instant revision petition are that complainant - Jaspreet Singh Bhaika, lodged a complaint against the petitioner under Section 138 read with Section 142 of the Negotiable Instruments Act, 1881 (for short, ‘Act’). When the case was fixed for defence evidence, the petitioner expressed his desire to lead evidence in defence and at that time, he filed an application before the learned Magistrate seeking permission to lead additional evidence but that application was dismissed by learned Magistrate vide order dated June 05, 2013. The aforesaid order was challenged by the respondent – complainant by way of revision petition before the Additional Sessions Judge, Chandigarh. Vide order dated July 15, 2013, the revisional court set aside order dated June 05, 2013 and directed the trial court to decide the application filed by the complainant afresh in view of observations made therein.

3. Petitioner challenged order dated July 15, 2013 passed by the Additional Sessions Judge before this Court by way of fi







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