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JYOTIKA BAWA versus KEHAR SINGH & ORS

High Court of Punjab and Haryana, Chandigarh

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Jyotika Bawa v. Kehar Singh & Ors - CRM-15251-2006 [2006] RD-P&H 1973 (24 March 2006)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM No.15251-M of 2006

Date of Decision: 24.03.2006

Parties Name

Jyotika Bawa

Petitioner

versus

Kehar Singh and others

Respondents

CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH
Present: Shri Rahul Sharma, Advocate for the petitioners JUDGMENT

Complaint filed by the petitioner, under Section 138 of the Negotiable Instruments Act 1881, is pending w.e.f. 25.1.1999. She allowed her attorney to depose on her behalf and closed her evidence in the year 2001. Now when the matter is matured for arguments, she moved an application under Section 311 Cr.P.C. with a prayer that she be allowed to appear as a witness, the reasoning given was that earlier, her attorney had appeared, now law has changed and certain things, which were only in her knowledge, she be allowed to depose regarding the same. This application was dismissed. The Court below has noticed that the facts which were in the personal knowledge of the applicant, were very much there, when she permitted her attorney to appear on her behalf and furthermore, in her application, she has not stated, as to what material facts her attorney has failed to bring on record, which were necessary for proper disposal of the CRM No.15251-M of 2006 - 2 -

case. This Court feels that the order passed is perfectly justified. No case is made out for interference. Dismissed.

March 24, 2006 ( Jasbir Singh )

gk Judge


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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