Criminal Misc. No. M-12094 of 2009 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M-12094 of 2009 Date of Decision: 4.5.2009 Kulwinder Singh …Petitioner Versus Smt. Lachhmi Devi …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Sanjay Jain, Advocate for the petitioner. Kanwaljit Singh Ahluwalia, J. (Oral) The present petition has been preferred under Section 482 Cr.P.C. for setting aside the judgment dated 2.4.2009 passed by the Sessions Judge Ambala, and order dated 3.3.2009 passed by the Judicial Magistrate Ist Class, Ambala, vide which application of petitioner filed under Section 254(2) Cr.P.C. read with section 311 Cr.P.C. was dismissed. Application (Annexure P1) was filed by the petitioner- complainant under Section 254(2) Cr.P.C. Read with Section 311 Cr.P.C. to prove execution of pronote and the receipt. The Court of Judicial Magistrate Ist Class, Ambala, on 3.3.2009 had declined the prayer on the ground that no averment was Criminal Misc. No. M-12094 of 2009 2 made in the complaint regarding the alleged pronote and receipt. The complainant examined himself as CW.1 and tendered his affidavit into evidence as Ex.CW.1/A in his examination-in-chief. There also no mention was made regarding the alleged pronote and receipt. Aggrieved against the same, petitioner had fled a revision petition which has been dismissed by the Sessions Judge, Ambala, on 2.4.2009. Two Courts below have ousted the petitioner not only on the ground that such a plea has been raised at the fag end of the trial but also on the ground of introducing entirely new case for which no averment was made in the complaint. This Court is of the view that such material introduction of new facts will tantamount to amendment of the complaint at the fag end of the trial. Counsel for the petitioner has relied upon a judgment of ;this Court rendered in Manmohan Singh v. M/s Amritsar Overseas 2001 (2) Recent Criminal Cases 74. There can be no quarrel with the law propounded in the judgment rendered in Manmohan Singh's case (supra). It was held therein that the objection, that no petition has been filed for acceptance of documents into evidence cannot be sustained. But in the present case, documents sought to be relied can only be corroborated if any pleading is made in the complaint. For lack of any pleading, the documents cannot be taken into consideration and the judgment relied is not attracted to the facts of the case. Criminal Misc. No. M-12094 of 2009 3 Hence, there is no merit in the present petition and the same is dismissed. (Kanwaljit Singh Ahluwalia) Judge May 4, 2009 “DK”