ORDER

This miscellaneous petition has been preferred by the petitioner/plaintiff challenging the order dtd. 28.06.2022 passed by Civil Judge Senior Division, Seonimalwa, District Narmadapuram in RCSB/02/2020 whereby at the stage of plaintiff's evidence, application for summoning the Bank Manager of Punjab National Bank, Branch Banapura alongwith record in relation to disputed cheque no. 550681 issued from account No.1258000102548408 including cheque returning memo, has been dismissed.

2 . Learned counsel for the petitioner/plaintiff submits that in the suit for recovery of money based on cheque no. 550681 issued by defendants' husband and father Jasveer Singh Chauhan, the plaintiff has to prove issuance of cheque by Jasveer Singh Chauhan and the reason for dishonour of cheque including the documents regarding return of cheque because by filing written statement, the defendants have denied issuance of cheque etc.

3. In such circumstances, summoning the Bank Manager including the record relating to bank account of Jasveer Singh Chauhan is necessary for proving the case because the plaintiff has right to adduce evidence of his choice and he cannot be denied right to summon the aforesaid witness for proving the aforesaid documents. With the aforesaid submissions learned counsel for the petitioner/plaintiff prays for allowing the miscellaneous petition.

4. Learned counsel appearing for the respondents 1-4 supports the impugned order and prays for dismissal of the miscellaneous petition.

5. Heard learned counsel for the parties and perused the record.

6. From perusal of the impugned order, it is clear that the suit is at the stage of evidence of the plaintiff, which is yet to commence. Pleadings made in the plaint show that suit for recovery of Rs.5,00,000/- has been filed on the ground of issuance of cheque by defendants' husband and father Jasveer Singh Chauhan. It is alleged in the plaint that the cheque wad dishonoured, therefore, application under Section 138 of the N.I. Act was filed and due to death of Jasveer Singh Chauhan, the private complaint was closed and the present civil suit has been filed for recovery of amount of the cheque.

7. As the defendants by filing written statement have denied the factum of issuance of cheque by Jasveer Singh Chauhan, therefore, in my considered opinion, plaintiff has right to summon the Branch Manager/concerning person with a view to prove the factum of issuance of cheque by Jasveer Singh Chauhan relating to A/c No.1258000102548408 including the reason of dishonour of cheque and rejection of the application by impugned order is not sustainable.

8. Resultantly, by setting aside the impugned order, this miscellaneous petition is allowed and application dtd. 06.12.2021 for summoning the Bank Manager in the evidence alongwith relevant record stands allowed. For that purpose, the plaintiff shall pay/deposit requisite charges before the trial Court, thereupon, trial Court shall issue the summons for appearance of concerning person/Branch Manager of the Punjab National Bank, Branch Banapura.

9. Miscellaneous application(s), pending if any, shall stand disposed off. (DWARKA DHISH BANSAL) JUDGE KPS