Punjab-Haryana High Court
The Punjab State Civil Supplies ... vs Shri Krishan Lal And Another on 12 August, 2011
Author: Ajai Lamba
Bench: Ajai Lamba
CRM No.M-3141 of 2008 (O & M) -1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
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CRM No.M-3141 of 2008 (O & M)
Date of decision : 12.8.2011
The Punjab State Civil Supplies Corporation Limited, Chandigarh and
another
........Petitioners
Vs.
Shri Krishan Lal and another ......Respondents
CORAM : HON'BLE MR. JUSTICE AJAI LAMBA
Present:- Mr.Deepak Sabherwal, Advocate, for the petitioners
Mr.A.S.Sullar, advocate, for the respondents
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AJAI LAMBA, J (Oral)
This petition challenges order dated 30.11.2007 passed by Judicial Magistrate Ist Class, Samana vide which application under Section 311 of the Criminal Procedure Code, 1973 filed by the complainant-PUNSUP has been dismissed on the ground that the clerk of the petitioner/Department alongwith record was present on each and every date of hearing. The application that seeks calling of a witness in additional evidence does not mention the name of the Clerk, and the record to be summoned in the application, and the application has been moved only to harass the accused.
Learned counsel appearing for the respondents contends that the complainant has been grossly negligent. Allegedly the cheques issued by the accused have been dishonoured on account of 'insufficient funds'. The witness cited in the list of witnesses has already been examined and therefore, no occasion arises to allow the application under Section 311 of CRM No.M-3141 of 2008 (O & M) -2- the Criminal Procedure Code, 1973.
I have considered the contention of the learned counsel. The case is still at evidence stage. The complainant wants to summon clerk of PUNSUP alongwith record so as to prove that paddy was entrusted with the accused for shelling for which negotiable instruments were issued by the accused. Surely, it cannot be denied that the evidence is relevant for consideration of the liability of the accused that was required to be discharged by way of cheques that have been issued. If the additional evidence is not allowed to be brought, substantial injustice would be caused and the Court would not be apprised of the true and complete facts, sufficient to adjudicate.
In view of the above, this petition is allowed. Order dated 30.11.2007 is hereby quashed.
The petitioners-complainants shall be given two opportunities, within a span of one month to bring the entire evidence as additional evidence under Section 311 of the Criminal Procedure Code, 1973. This, however, shall be subject to costs of Rs.20,000/-, to be paid to the respondent-accused before the trial Court.
(AJAI LAMBA) JUDGE 12.8.2011 akm