Madhav Lal vs Sri Devkishan

The petitioner has preferred this misc. petition under Section 482 Cr. P.C., for the following relief :

"It is, therefore, most humbly and respectfully prayed that this criminal misc. petition may kindly be allowed and :-

a) Impugned order dated 06.8.2018 passed by learned Special Judicial Magistrate (NI Act) No.2, Bhilwara in Case No.50/2017 (R C Dev Kishan Vs. Mahadav Lal) may kindly be quashed and set aside and the application of the petitioner dated 01.8.2018 may kindly be allowed as prayed; and witness Shri Harak Lal of the petitioner may kindly be summoned and his evidence may kindly be ordered to be taken;

(b) During the pendency of this petition further proceedings pending before the court of learned Special Judicial Magistrate (NI Act) No.2, Bhilwara in Case No.50/2017 (R C Dev Kishan Vs. Mahadav Lal) may kindly be stayed."

The matter pertains to trial of Section 138 NI Act.

Counsel for the petitioner made a limited submission that his application for calling defence witness Harak Lal has wrongly been rejected by the court below. Harak Lal was his witness but even after considerable efforts petitioner himself could not produce him in court.

Counsel for the respondent vehemently argued that necessity of calling witness Harak Lal is not described in the application nor relevance of witness concern is shown nor the petitioner has ever taken a stand that evidence of witness Harak Lal was ever necessary for adjudication of dispute at any previous stage.

In rejoinder arguments counsel for the petitioner has demonstrated from cross-examination held on 23.8.2017 about the consistent requirement of Harak Lal as a witness.

After hearing learned counsel for the parties this Court is of the opinion that cross-examination of Dev Kishan indicates that petitioner was requiring Harak Lal as his witness but since he could not produce Harak Lal, therefore, he moved an application before the court below for calling him.

In the interest of justice the impugned order dated 06.8.2018 passed by learned Special Judicial Magistrate (NI Act) Cases No.2, Bhilwara in Case No.50/2017 (RC Dev Kishan Vs. Madhav Lal) is quashed and set aside and the application filed by the petitioner on 01.8.2018 is allowed for the prayers made therein. The court below shall summon Harak Lal and his evidence shall be taken on record on the next date.

With these observations the misc. petition stands disposed of.