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2020 Supreme(P&H) 762

ARUN KUMAR TYAGI
Ashwani Kumar – Appellant
Versus
Rakesh Joshi – Respondent


Advocates Appeared:
Mr. Rishu Mahajan Advocate for the Appellant; Mr. Umesh Aggarwal, Advocate for the respondent

JUDGMENT

Arun Kumar Tyagi, J. (Oral) - The petitioner-accused has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 (for short, "the Cr.P.C") for quashing of order dated 11.06.2019 (Annexure P-3) passed by learned Judicial Magistrate 1 st Class, Amritsar in Complaint bearing NACT No.4248/2016 titled as 'Rakesh Joshi Vs. Ashwani Kumar' whereby the application filed under Section 315 of the Cr.P.C. for permitting examination of the accused as his own witness was dismissed and order dated 22.11.2019 passed by the learned Additional Sessions Judge, Amritsar whereby revision petition filed against the above said order was dismissed.

2. For the sake of convenience, the parties are referred to by their description in the complaint filed before learned Judicial Magistrate 1 st Class, Amritsar as complainant and accused respectively.

3. The complainant filed complaint under Section 138 of the Negotiable Instruments Act, 1881 (for short, "the NI Act") pleading dishonour of cheque No.000075 dated 07.10.2016 issued by the accused in discharge of subsisting legal liability with remarks "Funds Insufficient" and failure of the accused to pay the amount of the che

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