JUDGMENT

Jasjit Singh Bedi, J. (Oral) - The present petition under Section 482 Cr.P.C. has been filed seeking quashing of the order dated 18.01.2019 (Annexure P-3) (colly) passed by the learned Judicial Magistrate, 1st Class, Malerkotla in a complaint under Section 138 of the Negotiable Instruments Act No.259 of 2018 instituted on 27.03.2018 titled as 'Gaurav Kumar Versus Avtar Singh' (Annexure P-1), whereby the application of the petitioner- complainant for summoning a witness under Section 311 Cr.P.C. has been dismissed.

2. The brief facts of the case are that the petitioner- complainant filed a complaint under Section 138 of the Negotiable Instruments Act against the respondent/accused alleging that the respondent had borrowed a sum of Rs.3,90,000/- from the petitioner- complainant on 09.02.2018 and had issued a post-dated cheque No.892667 dated 22.02.2018 in favour of the petitioner-complainant. When the petitioner presented the said cheque for encashment, it was dishonoured leading to the filing of the complaint and the subsequent summoning order.

3. Thereafter, the petitioner-complainant appeared and examined himself as CW-1 and during the course of his cross- examination on a q