Crl. Misc. No. 6505 of 2011 -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Crl. Misc. No. 6505 of 2011 (O&M) Date of Decision : 10.3.2011 M/s Shree Manohar International .......... petitioner Versus Neelam Rani Jain ...... Respondent CORAM : HON'BLE Ms. JUSTICE RITU BAHRI Present : Mr. Raj Paul Kansal, Advocate for the petitioner. **** RITU BAHRI, J. Present petition under Section 482 Cr.P.C. has been filed challenging the order dated 17.11.2010, passed by the learned Judicial Magistrate Ist Class, Ludhiana, dismissing the application of the petitioner for summoning of defence witnesses. The petitioner had filed an application to lead secondary evidence for proving compromise dated 13.4.2007 as well as bill No. 107. This application was dismissed by the learned trial Court on 15.9.2008. The revision filed against the order dated 15.9.2008 before the Hon'ble High Court, was also dismissed vide order dated 18.11.2009. Present application has been filed for summoning of defence witnesses, which was allowed by the predecessor of the Crl. Misc. No. 6505 of 2011 -2- Judicial Magistrate. Mr. Raj Paul Kansal, learned counsel for the petitioner has vehemently argued that the accused / applicant has no right to lead secondary evidence with regard to the alleged compromise or bill irrespective of the fact that the application for permission to lead secondary evidence had been rejected. He contended that the application for summoning defence witnesses has been allowed and the same could not be recalled by the learned trial Court. It has been observed in the order that once the High Court had dismissed the revision for leading secondary evidence on 18.11.2009 there was no ground to call the same witnesses for proving the documents i.e. Compromise dated 13.4.2007 and bill No. 107 along with MHC of Police Post Sunder Nagar, Ludhiana. The case has been pending for the last three years for defence evidence. No ground for interference is called for. Criminal miscellaneous is dismissed. 10.3.2011 (RITU BAHRI) 'sp' JUDGE