Crl. Misc. No. M- 3925 of 2009 -1- In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M- 3925 of 2009 Date of Decision:May 15, 2009 Jasbir Singh ---Petitioner versus Ashwani Kumar @ Sharma and another ---Respondents Coram: HON'BLE MRS. JUSTICE SABINA *** Present: Mr.Naresh Kaushik,Advocate, for the petitioner Mr. Rajiv Joshi, Advocate for respondent No. 1 Mr. Aman Deep Singh Rai, AAG,Punjab *** SABINA, J. Jasbir Singh-petitioner has filed this petition under Section 482 of the Code of Criminal Procedure (for short- “Cr.P.C.”) seeking quashing of order dated 22.1.2009 (Annexure P-1)passed by Judicial Magistrate Ist Class, Jalandhar. On the basis of the statement of the complainant, FIR No. 574 dated 26.8.2001 under Sections 406, 420 of the Indian Penal Code(for short “IPC”) registered at Police Station Sadar, District Jalandhar. After investigation of the case, challan was presented against Crl. Misc. No. M- 3925 of 2009 -2- respondent No. 1. An application dated 22.1.2009 was filed by the petitioner under Section 311 Cr.P.C. to summon the Record Clerk along with the suit file titled as “Jasbeer Singh Vs. Ashwani Kumar, Civil Suit No. 107 of 2004 decided on 3.9.2008 by Civil Judge (Sr. Division), Jalandhar. The said application is Annexure P-2. A perusal of the same reveals that the petitioner wants to place on record certified copies of the evidence of respondents No. 1 in the civil suit, certified copy of the judgment and decree dated 3.9.2008. Petitioner also sought to place on record compromise deed dated 9.3.2001. The said application was disposed of vide impugned order dated 22.1.2009(Annexure P-1) by Judicial Magistrate Ist Class, Jalandhar wherein it was observed as under:- “On dated 26.2.2008, an application was filed by the complainant under Section 311 of Cr.P.C. for placing on record the agreement to sell dated 9.3.2001 and the application was declined by this court and revision was preferred by the complainant in the Hon'ble High Court, which was also dismissed by the Hon'ble High Court. Again by way of this application, complainant wants to place on record the same documents i.e. Agreement to sell dated 9.3.2001. Since I have already declined for placing the same document on the file, so this application can not be allowed because the same document is in question. Accordingly, I do not find any justification to seek reply from the accused. Accordingly, the present application is dismisses with the observation that as far as the judgment and decree is concerned, the judicial notice can be taken regarding the Judgment and decree passed by the Civil Crl. Misc. No. M- 3925 of 2009 -3- Court and it can be placed during the course of arguments.” Thus, after hearing learned counsel for the parties, I am of the opinion that the present petition deserves to be dismissed. Petitioner had earlier filed an application under Section 311 Cr.P.C. seeking permission to place on record the agreement to sell dated 9.3.2001. The said application was dismissed and revision petition filed by the petitioner against the same was dismissed by this Court. Now again, petitioner has moved a second application under Section 311 Cr.P.C. seeking to place on record compromise dated 9.3.2001, certified copies of the evidence of respondent No. 1 and copy of the judgment and decree dated 3.92008 in the suit for recovery. Learned trial court while dismissing the application has observed that since the earlier application for placing on record the agreement to sell was dismissed, the second application is liable to be dismissed. It has further been observed that judgment and decree dated 3.9.2008 can be taken into consideration at the time of arguments of the case. In the facts and circumstances of the present case, no ground for interference is made out. Accordingly, this petition is dismissed. (SABINA) JUDGE May 15, 2009 PARAMJIT