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Judgment
Anoop Chitkara, J
During the course of arguments, Mr. Mukesh Bisht, learned counsel for the petitioner submits that he wants to withdraw the petition and seeks
permission to amend the petition by placing on record Legal Notice issued by the complainant upon the petitioner. He further submits that inadvertently
he could not place on record the order of taking cognizance and also vide which the accused was summoned by the learned trial court. He further
submits that the liability which the complainant has shown is on account of some court order before the trial court at a pre-cognizance stage but this
Court has ample powers under Section 482 of the Cr.PC to take note of such documents and he would also like to place such documents on the
record for the perusal of this Court. Apart from this, he would also like to place on record the notice issued by the complainant on bouncing of cheque.
Mr. Romesh Verma, learned counsel for the respondent has opposed the amendment of this petition and submits that if this was permitted, then the
same would change the entire structure of the petition.
Be that as it may, without making any observations, in the interest of justice, it would be sufficient and appropriate that petitioner is permitted to file
a fresh petition by annexing all such documents and taking all grounds legally entitled to him.
In view of above, learned counsel for the petitioner wants to withdraw the petition with liberty to file afresh/amended petition. Permission granted.
Consequently, the petition is dismissed as withdrawn, with liberty as prayed for. Pending miscellaneous applications, if any, also stand disposed of.