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2019 Supreme(P&H) 2059

ARVIND SINGH SANGWAN
Balbir Singh – Appellant
Versus
Kulwant Singh – Respondent


Advocates Appeared:
P.S. Ahluwalia, Advocate, Deepak Bhardwaj, Advocate

JUDGMENT

Arvind Singh Sangwan, J. - Prayer in these petitions is for setting-aside the impugned order dated 17.09.2016 passed by the Lower Appellate Court vide which the application filed by the petitioner/accused under Sections 391 and 311 of the Code of Criminal Procedure (in short 'Cr.P.C.') praying for leading additional defence evidence and re-calling the respondent/complainant for cross-examination was dismissed in complaint No.1150 dated 25.07.2014 and complaint No.1351 dated 25.07.2014.

2. The impugned order passed in criminal complaint No.1150 of 2014 is challenged in CRM-M No.36367 of 2016 whereas the order passed in criminal complaint No.1351 of 2014 is challenged in CRM-M No.36489 of 2016.

3. Brief facts of the case as taken from criminal complaint No.1150 of 2014 are that the respondent/complainant - Balbir Singh filed a complaint under Section 138 of the Negotiable Instruments Act (in short 'the NI Act') with the allegations that the complainant was known to him and as per an agreement to sell dated 23.08.2013, the accused agreed to sell 03 shops in village Kheri Gujran, District Patiala and received a sum of Rs.10 lacs in presence of marginal witnesses of the agreemen

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