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2022 Supreme(P&H) 1760

PANKAJ JAIN
Narinder Mohan – Appellant
Versus
Jaspal Kaur – Respondent


Advocates appeared:
Mr. Baldev Singh Sodhi, Advocate, for the Appellant; Mr. Kanwaljeet Singh, Advocate And; Mr. Satvir Singh, Advocate, for the Respondent

JUDGMENT

Pankaj Jain, J. - By way of present petition under Section 482 Criminal Procedure Code (hereinafter referred to 'Code'), challenge has been laid to order dated 10.09.2021 passed by JMIC, Ludhiana (Annexure P-3), whereby application filed by the petitioner under Section 311 of the Code to lead additional evidence has been rejected.

2. Shorn of the details the necessary facts that need to be noted for the adjudication of the present petition are that the petitioner herein is a complainant before the trial Court. A complaint was filed by him against the respondent for offence punishable under Section 138 of the Negotiable Instruments Act (hereinafter referred to as 'N.I. Act').

3. As per the complaint, the petitioner extended friendly loan of Rs.3 lacs to the accused-respondent. In order to discharge her legal liability to repay the said friendly loan, accused issued the cheque in dispute to the petitioner. However, the said cheque dated 04.12.2017 was dishonoured for insufficient funds on 06.12.2017. Consequently, the complaint in question was filed. Respondent was summoned to face trial.

4. After the parties had concluded their evidence, application under Section 311 of the Cod

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