JUDGMENT :

Sharad Kumar Sharma, J.

Before venturing into the legal implications over the controversy, which has been raised in the present C482 Application, some basic facts are necessarily required to be referred to. It couldn't be in controversy that a complaint case, being Complaint Case No. 5113 of 2013, Anil Kumar Nandwani Vs. Ram Ratan & another, for trial under Section 138 of the Negotiable Instruments Act, 1881 stood instituted as back as on 12th March 2013 before the Court of Additional Civil Judge (Junior Division)/Judicial Magistrate, Haldwani, District Nainital.

2. The said matter proceeded and during its pendency, the present applicant had filed an application on 24th January 2018, invoking the provisions contained under Section 311 of the Code of Criminal Procedure, for the purposes of summoning the documents, as well as, the accused person, which stood rejected by the Court below, vide its impugned order dated 15th November 2018. Thereafter, rejection of the application, the proceedings attained the stage of Section 313 of CrPC, which was conducted on 14th August 2019, on account of inaction on part of the opposite party to lead his defense, which was closed by the lear