Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
MANISHA BATRA
Kapil Batra Production – Appellant
Versus
Gurpreet Singh – Respondent
JUDGMENT :
Manisha Batra, J.
Prayer in this petition, filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, is for quashing of order dated 18.01.2025, passed by the Court of learned Judicial Magistrate First Class, Jalandhar (hereinafter referred to as learned trial Court') in Criminal Complaint bearing NACT No. 2049 of 2020, titled as Gurpreet Singh vs. Kapil Batra Productions and another, filed under Section 138 of the Negotiable Instruments Act, 1881 (for short N. I. Act'), whereby an application filed by the petitioner for summoning certain witnesses/material in his defence had been partly allowed, while declining the prayer made by him for summoning certain witnesses as well as documents.
2. Brief facts of the case relevant for the disposal of the present petition are that respondent No. 1 has filed the aforesaid complaint against petitioner No. 1-firm and petitioner No. 2, being its proprietor, under Section 138 of the N. I. Act. The petitioner has been summoned and is facing trial as an accused in the aforementioned complaint. The case is at the stage of producing defence evidence. The petitioner filed an application (Annexure P-3) before the learned trial Court
The main legal point established in the judgment is the court's interpretation and application of the provisions of the Negotiable Instruments Act, 1881, particularly focusing on Section 138 and Sect....
The accused has a fundamental right to defend themselves, including summoning witnesses, to ensure a fair trial as enshrined in Section 243(2) of the Criminal Procedure Code.
For summoning under Section 138 of the NI Act, recording of statements under Sections 200 and 202 Cr.P.C. is not required, and the evidence of the complainant may be given by affidavit as per Section....
The accused has the right to present defense witnesses in a trial, and the trial court must issue summons unless there are valid grounds for refusal, ensuring that fair trial rights are upheld.
Witnesses already examined by one party cannot be summoned by the opposite party without valid justification, as this could lead to an abuse of process and compromise the fairness of the trial.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
