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2021 Supreme(P&H) 791

HARINDER SINGH SIDHU
Sebro Machine Tools Pvt. Ltd. – Appellant
Versus
Jyoti Industrial Coporation – Respondent


Advocates Appeared:
Mr. T.P.S Kang, Advocate and; Mr. Neeraj Sharma Advocate, for the petitioners.

JUDGMENT

Harinder Singh Sidhu, J. - In this petition the petitioners have assailed the order dated 15.02.2020 passed by the Learned Judicial Magistrate, 1st Class, Faridabad, whereby two applications viz. (i) under Section 45 read with Section 73 of Negotiable Instruments Act for examination of the hand writing expert and for the report of the FSL and (ii) under Section 311 of Cr. P.C. for calling the witness Nos. 8, 9, 10 and 11 (cited by the complainant) for examination have been dismissed.

2. Respondent-complainant filed a complaint dated 22.03.2017 under Section 138 of the Negotiable Instruments Act before the Ld. JMIC, Faridabad against the petitioners alleging that the goods were supplied to the petitioners and a sum of Rs. 22,51,874/- was due to them. In order to discharge its liability towards part payment, petitioner no. 3 issued a cheque bearing No.000633 dated 20.01.2017 for Rs. 11,00,000/- drawn on Kotak Mahendra Bank, New Delhi, which was dishonored vide memo dated 03.02.2017 with the remarks "Funds Insufficient".

3. On being summoned the petitioners put in appearance beforethe Ld. Magistrate. When the case was fixed for evidence of the petitioners, the petitioners moved

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