Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
MANISHA BATRA
Tarun Kumar – Appellant
Versus
Rajesh – Respondent
JUDGMENT :
Manisha Batra, J. (Oral)
1. The present petition has been filed by the petitioner under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short BNSS') making prayer for quashing the order dated 18.12.2024 (Annexure P-9), passed by the Court of learned Judicial Magistrate First Class, Rohtak in complaint bearing COMA No. 1046 of 2018, titled as Rajesh vs. Tarun, filed under Section 138 of the Negotiable Instruments Act, 1881 (for short N. I. Act), whereby an application filed by the petitioner/accused under Section 311 of the Code of Criminal Procedure (for short the Code') had been dismissed.
2. Briefly stated, the relevant facts of the case are that the aforesaid complaint has been filed by the respondent under Section 138 of the N. I. Act on the allegations that the petitioner had purchased a car from the respondent for a sale consideration of Rs. 5,70,000/-. An amount of Rs. 1,45,000/- was paid by the petitioner and rest of the amount i.e. Rs. 4,25,000/- was to be paid by him by raising a loan from the bank. In order to discharge his liability, the petitioner had issued a cheque for an amount of Rs. 3,70,000/- on 12.01.2018 but on presentation of the same befo
Fair trial mandates equal opportunity for both parties to present their case, particularly under the Negotiable Instruments Act.
Section 311 CrPC reads as power to summon material witness, or examine person present.
[The judgment establishes that an accused in a Sec. 138 N.I. Act case has an absolute right to cross-examine the complainant if a probable defense is disclosed, reinforcing the procedural safeguards ....
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
