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2022 (8) TMI 413 - HC - Indian LawsDishonor of Cheque - insufficiency of funds - summon of record - examination of witnesses - scope of Section 540 Cr.P.C. - HELD THAT:- A perusal of the record tends to show that a that a complaint under Section 138 of the Negotiable Instrument Act has been filed by the complainant before the learned Magistrate against the petitioner herein alleging that the cheque issued by him was dishonored by the Bank on account of insufficient amount - The said complaint filed by the complainant/respondent herein is pending since 20.03.2009. An application came to be file by the complainant/respondent herein for summoning the record from the J & K Bank, Patel Nagar Branch, Jammu with regard to the credit of an amount of Rs. 03 lacs in the account of petitioner-Filling Station owned by the petitioner herein from the account of the complainant. Section 540 Cr.P.C. gives a power to the Court to summon any person as a witness or examine any person in attendance though not summoned as a witness or recalled and re-examine any person, already examined and the court shall summon and examine or recall and re-examine any person at any stage of enquiry, trial or proceedings and the second part of the said provision makes it mandatory for the Court to summon and examine or recall and re-examine any such person if his evidence appears to it essential to the just decision of the case. The learned Magistrate while dealing with the application (supra) has observed in of the impugned order that the summoning the Manager, J & K Bank Patel Nagar, Branch, Jammu is essential for just decision of the case. As is clear from the reading of the Section 540 Cr.P.C., the said Section confers power in absolute terms to be exercised at any stage of the trial to summon a witness or examine one present in court or to recall a witness already examined, and makes this the duty and, obligation of the Court provided the just decision of the case - The learned Magistrate has rightly after having considered the provisions of Section 540 Cr.P.C. and by giving detailed reasons allowed the application of the complainant/respondent herein. The learned Magistrate has passed a reasoned order, same does not suffer from any legal infirmity or impropriety and does not call any interference by this Court - Petition dismissed.
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