M.N.Bhandari, J. - (1.) BY this misc. petition a challenge has been made to the order dated 18.8.2009 whereby application under Section 311 Cr. PC was rejected.
(2.) IT is stated that a case under Section 138 of the Negotiable Instruments Act was filed by the respondent. The initial date on which the cheque was presented before the bank is dated 10.10.2007 however no report exists as to what happened to the aforesaid cheque because cheque was again presented on 23.11.2007 and it was dishonoured on 29.12.2007. Report does not show as to whether it is in reference to presentation of cheque in 10.10.2007 or 23.11.2007. To clarify aforesaid facts. Branch Manager of the bank is required to be called in evidence however the application so filed by the petitioner has been rejected. Hence, this petition. Learned Counsel for respondent, on the other hand, submits that application was moved only with a view to delay the matter otherwise petitioner could place on record certified copy of documents to show as to how cheque was given treatment when it was presented initially on 10.10.2007. He submits that even if this misc. petition is allowed, Trial Court may be directed to expedite the complaint. I have heard learned Counsel for the parties and scanned the matter carefully. From the facts it is coming out that cheque seems to have been presented for more than one occasion. If petitioner wants to have a defence in reference to aforesaid and invoked provisions of Section 311. Cr. PC without there being any delay rejection of the prayer in the facts and circumstances of the case not proper. Accordingly misc. petition allowed and the order dated 18.8.2009 passed by learned Additional Judicial Magistrate (Jr. Div.) No.2. Sikar is quashed and set aside. The application filed under Section 311. Cr. PC for calling the Branch Manager of the bank in evidence is allowed. Trial Court may issue necessary process for calling the Branch Manager and try to dispose of the complaint expeditiously. ;