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Judgment
5 paragraphs · 244 wordsSabina, J.—This petition has been filed u/s 482 of the Code of Criminal Procedure for quashing of complainant u/s 138 of the Negotiable Instruments Act, 1881 filed by the Respondent i.e. Complaint No. 8693 of 2008 dated 20.3.2008 (Annexure P-1) qua the Petitioner.
Learned Counsel for the Petitioner has submitted that the complaint in question was liable to be quashed against the Petitioner as there was no material against the Petitioner during trial. In support of his arguments, learned Counsel has placed reliance on Smt. Bandeep Kaur Vs. S. Avneet Singh, ; Gita Berry Vs. Genesis Educational Foundation, and Kurapati Nageswara Gupta and Anr. etc. v. Madam Sekhar and Anr. 2004(1) ALD 183.
After hearing learned Counsel for the Petitioner, I am of the opinion that no ground for quashing of the complaint is made out.
The complainant has closed his evidence during trial and now the case is listed for defence evidence hence, at this stage, it would not be appropriate or in the interest of justice to scrutinize the statements made by the witnesses during trial. The trial Court is already seized of the matter and shall decide the complaint on the basis of evidence available on record. No ground for interference by this Court is made out. The judgments relied upon by learned Counsel for the Petitioner fail to advance the case of the Petitioner as these are based on different facts.
Accordingly, this petition is dismissed.