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Judgment
Kuldip Singh, J.—This judgment shall disposed of Cr.MMO Nos. 155 and 163 of 2011 both having arisen from separate orders dated 18.07.2011 passed by learned Judicial Magistrate Ist Class, Court No. III, Shimla. In Cr. MMO No. 155 of 2011, it has been submitted that Petitioner may be permitted to recall and re-examine the complainant and re-examine DW-1 Sudarshan Kumar, Manager, PNB, Mandi, with Manual Cheque Book Issuance Register showing issuance of cheque book bearing No. 191311 to 191320 and in Cr. MMO No. 163 of 2011, it has been submitted that Petitioner may be permitted to recall the complainant in order to prove loan agreement, a photocopy of which is already on record along with witness from ICICI Bank, Shimla, before whom the cheque was presented and dishonoured.
The learned Counsel for the parties have no serious objection if both the petitions are allowed. In the facts and circumstances of the case, the orders dated 18.07.2011 passed by learned Judicial Magistrate Ist Class, Court No. III, Shimla and assailed in Cr. MMO Nos. 155 and 163 of 2011 are set-aside. The Petitioner in Cr. MMO No. 155 of 2011 is allowed to recall and re-examine the complainant and re-examine DW1 Sudarshan Kumar, Manager, PNB, Mandi, with Manual Cheque Book Issuance Register showing issuance of cheque book bearing No. 191311 to 191320. In Cr. MMO No. 163 of 2011, the Petitioner is allowed to recall the complainant in order to prove loan agreement and additional witness from ICICI Bank, Shimla, before whom the cheque in question was presented and dishonoured. Both the petitions are accordingly allowed. The parties through their counsel are directed to appear before the Court below on 17.09.2011 the date already fixed by the Court. All pending application (s) are disposed of.
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