IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr.MMO No. 171 of 2011 Date of decision: 14.12.2011 ________________________________________________________________ Satvinder Singh son of Shri Bhagat Singh, resident of Housing Board Colony, Paonta Sahib, district Sirmour, H.P. .....Petitioner. Versus Amit Gupta son of Shri Som Chand Gupta, resident of Badrinagar, Tehsil Paonta, District Sirmour, H.P. .....Respondent. Petition under Section 482 of the Code of Criminal Procedure, 1973 read with Article 227 of the Constitution of India for quashing, setting aside order dated 24.08.2011 passed by learned Judicial Magistrate Ist Class, Court No. 1, Paonta Sahib, District Sirmour, H.P. in Criminal Case No. 101/3 of 2009 titled as Amit Gupta vs. Satvinder Singh Under Section 138 of Negotiable Instruments Act. Coram The Hon'ble Mr. Justice V.K. Sharma, J. 1 Whether approved for reporting? No. ________________________________________________________________ For the petitioner: Mr. Karan Singh Kanwar and Mr. Sandeep Chauhan, Advocates. For the respondents: Mr. Surinder Prakash Sharma, Advocate. V.K. Sharma, J. (Oral). Aggrieved by the impugned order dated 24.08.2011, passed by the learned trial court, whereby the prayer of the petitioner (accused) under Section 311 Cr.P.C. for permission to 1 No. ...2... examine his father, Shri Bhagat Singh, by way of additional evidence to prove two cheques said to have been executed by the said Shri Bhagat Singh, which had already been brought on record and exhibited as Ex. DW-1/D and Ex. DW-1/C, has been declined on the ground that firstly the name of the said Shri Bhagat Singh does not find place in the list of witnesses filed by the accused and secondly that the said list has already been exhausted and moreover the cheques have already been exhibited, he is in revision before this Court. 2. By now it is fairly settled that mere exhibition of a document would not amount to its proof in accordance with law. In such circumstances, there being no serious opposition to the prayer of the petitioner herein for leading additional evidence from the side of the respondent (complainant), I am satisfied that it shall be expedient and in the interest of justice that accused is afforded an opportunity to lead additional evidence by examining the aforesaid Shri Bhagat Singh to prove cheques Ex. DW-1/D and Ex. DW-1/C, being the person who is said to have issued those cheques. 3. In view of the above, the petition is allowed and the accused is permitted to lead additional evidence by examining the said Shri Bhagat Singh, as a witness in defence. The parties are directed to appear before the learned trial court on 04.01.2012. The accused shall take requisite steps to summon the said witness in additional evidence within a week thereafter positively and since the witness is his own father, he shall ensure that he makes himself ...3... available for recording his evidence before the learned trial court on a date to be fixed by it for which no further adjournment shall be granted. The records be sent back so as to reach the learned trial court well before the date fixed. 4. The petition, so also pending Cr.MP(s), shall stand disposed of in the above terms. (V.K. Sharma) Judge 14th December, 2011 (virender)