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324

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M-53655-2025 (O&M) Date of Decision : 18.03.2026

Gagandeep Singh Swani ....Petitioner

VERSUS

M/s Kitty Industries Pvt. Ltd. ....Respondent

CORAM : HON'BLE MS. JUSTICE MANDEEP PANNU

Present: Mr. Siddhant Jain, Advocate for the petitioner.

Mr. Viren Jain, Advocate for the respondent.

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MANDEEP PANNU J. (Oral)

1. This is a petition under Section 528 BNSS, 2023 for quashing of the order dated 30.08.2025 passed by the learned Judicial Magistrate First Class, Ludhiana in complaint titled M/s Kitty Industries Pvt. Ltd. vs M/s Swani Motor Services Pvt. Ltd. & Anr., whereby the application filed by the accused/petitioner under Section 311 Cr.P.C. seeking permission to recall CW-3 for further cross-

examination has been dismissed.

2. It is contended in the application moved by the accused/present petitioner under Section 311 Cr.P.C. that during the cross-examination of CW-3 conducted on 10.09.2024, the said witness admitted that as per their record cheque No. 944770 dated 14.12.2019 had never been dishonoured and the concerned account was operative on that date. It is further submitted that the actual date of the cheque in question is 14.01.2019, however, due to a typographical/arithmetical

TRIPTI SAINI

2026.03.25 19:42 I attest to the accuracy and integrity of this document

CRM-M-53655-2025 (O&M) -2-

error, the date was wrongly mentioned as 14.12.2019. It is pleaded that in order to clarify this discrepancy regarding the date of the cheque, recalling of CW-3 for further cross-examination is necessary. The application further states that such recall is essential for proper adjudication of the case and in the interest of justice, and if the same is not allowed, grave prejudice would be caused to the accused. Accordingly, it is prayed that CW-3 be recalled for further cross-examination to

clarify the correct date of the cheque in question.

3. Learned Judicial Magistrate First Class, Ludhiana, after hearing learned counsel for both the parties, has dismissed the application while observing that sufficient opportunities had already been granted to the accused to cross- examine CW-3 and the cross-examination was in fact conducted at length on multiple dates. It was further observed that the complainant evidence stood closed and even the statement of the accused under Section 313 Cr.P.C. had been recorded, and thereafter the matter was adjourned for defence evidence. The learned Magistrate noted that the present application had been filed at a highly belated stage after availing more than seven effective opportunities for defence evidence and even after final arguments had been addressed. It was also observed that the application appeared to have been moved only to fill up lacunae in the defence case, particularly when no question regarding the correct date of the cheque was put to CW-3 during cross-examination. The Court further held that allowing such an application at this stage would prejudice the complainant and defeat the mandate of speedy trial in proceedings under Section 138 of the Negotiable Instruments Act. Accordingly, finding no valid justification for the

delay or necessity of recall, the application was dismissed being devoid of merits.

TRIPTI SAINI

2026.03.25 19:42 I attest to the accuracy and integrity of this document

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it is contended on behalf of the petitioner that the impugned order dated 30.08.2025 passed by the learned Judicial Magistrate First Class, Ludhiana is illegal, arbitrary and has resulted in grave miscarriage of justice, as the application under Section 311 Cr.P.C. was moved only for the limited purpose of clarifying an

inadvertent typographical error regarding the date of the cheque in question.

4. It is further submitted that during the cross-examination of CW-3, the date of the cheque was mistakenly recorded as 14.12.2019 instead of the actual date i.e. 14.01.2019, and the recall of t