JUDGMENT :

Arun Kumar Tyagi, J.

This order disposes of CRM-M-45163-2016 titled Sanjeev Goyal and another Vs. Gagan Goyal and CRM-M-45237- 2016 titled as Sanjeev Goyal Vs. Hira Lal Goyal and another as the same have arisen out of common order and involve common questions of facts and law.

2. The petitioner has filed above-said petitions under Sections 482 and 483 of the Code of Criminal Procedure, 1973 (for short 'the Cr.P.C.') for setting aside order dated 17.11.2016 (Annexure P-4) passed by learned Additional Sessions Judge, Ludhiana in Criminal Appeal No.55 of 2012 titled as 'Sanjeev Goyal Vs. Gagan Goyal' and Criminal Appeal No.422 of 2012 titled as 'Hira Lal Goyal Vs. State of Punjab', whereby application filed by the petitioner/complainant under Section 391 of the Cr.P.C. for allowing him to produce on record material documents by way of additional evidence for proper adjudication of the matter was disposed of.

3. Briefly stated, the facts giving rise to the filing of the present petition are that on 10.10.2001 when Basisth Dubey was present at kothi 5/1 of complainant Sanjeev Goyal and construction of kothi No.5/1 and 5/4 the Mall, Ludhiana was in progress. At about 2:00 p.m. acc