IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No. 57 of 2008 Date of decision January 28, 2008 Tara Chand .....Petitioner Versus Jatinder Kumar ...Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. R.D.Sharma, Advocate for the petitioner. RAJESH BINDAL, J. Challenge in the present petition is to the order dated December 11, 2007 passed by learned Judicial Magistrate Ist Class, Gurdaspur allowing the application filed by respondent for leading additional evidence. Respondent was permitted to call the witness from the bank to prove the postal receipt dated February 5, 2003. Learned Court below found that witness was material for just and proper decision of the case. Leaving the technicalities aside, the prayer made by respondent was allowed. Learned counsel for the petitioner submitted that respondent could not be permitted to fill the lacuna at the late stage in the trial. However, I do not find any substance in the argument as procedural law is sub-servient to justice. The additional evidence sought to be produced by respondent is from the bank. Accordingly, while concurring with the view expressed by the Court below, I do not find any merit in the present petition and the same is dismissed. January 28, 2008 (Rajesh Bindal) Pka Judge