[123] Rakesh Kumar Grover Gulshan Kumar Coram : Present: SUBHAS MEHLA [1] for setting aside impugned order dated 21.07.2025 (Annexure P by the Court of learned Judicial Magistrate Ist Class, Abohar in NACT No.831 of permission to summon and examine additional witness namely Vijay Kumar has been wrongly and illegally dismissed. [2] wants to examine Vijay Kumar, in whose presence over the amount in question i.e. the cheque amount [3] three years back and sufficient opportunities have been availed by the petitioner/ admitted by learned counsel for the petitioner that he has not mentioned the name of the proposed witness in his witness list. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M- Date of Decision : Rakesh Kumar Grover versus Gulshan Kumar HON’BLE MR. JUSTICE SUBHAS MEHLA Mr. Piyush Setia, Advocate for the petitioner. **** SUBHAS MEHLA, J. (ORAL) The instant petition has been filed under Section 528 BNSS for setting aside impugned order dated 21.07.2025 (Annexure P the Court of learned Judicial Magistrate Ist Class, Abohar in NACT of 2022 dated 30.07.2022 whereby petitioner’s ap permission to summon and examine additional witness namely Vijay Kumar has been wrongly and illegally dismissed. Learned counsel for the petitioner to examine Vijay Kumar, in whose presence over the amount in question i.e. the cheque amount Heard, the present complaint three years back and sufficient opportunities have been availed by the petitioner/complainant to adduce evidence admitted by learned counsel for the petitioner that he has not mentioned the name of the proposed witness in his witness list. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -42874-2025 (O&M) Date of Decision : 07.08.2025 …Petitioner ….Respondent SUBHAS MEHLA Advocate for the petitioner. The instant petition has been filed under Section 528 BNSS for setting aside impugned order dated 21.07.2025 (Annexure P-5) passed the Court of learned Judicial Magistrate Ist Class, Abohar in NACT 2022 dated 30.07.2022 whereby petitioner’s application for permission to summon and examine additional witness namely Vijay Kumar has been wrongly and illegally dismissed. Learned counsel for the petitioner submits that petitioner to examine Vijay Kumar, in whose presence the petitioner handed over the amount in question i.e. the cheque amount to prove legal liability. present complaint was filed on 30.07.2022 i.e. three years back and sufficient opportunities have been availed by the evidence on his behalf. It is fairly admitted by learned counsel for the petitioner that he has not mentioned the name of the proposed witness in his witness list. The instant petition has been filed under Section 528 BNSS 5) passed the Court of learned Judicial Magistrate Ist Class, Abohar in NACT plication for permission to summon and examine additional witness namely Vijay petitioner handed to prove legal liability. filed on 30.07.2022 i.e. three years back and sufficient opportunities have been availed by the t is fairly admitted by learned counsel for the petitioner that he has not mentioned RAJNEESH SHARMA 2025.08.11 19:52 I attest to the accuracy and integrity of this document CRM-M-42874-2025 (O&M) -2- [4] The proceedings under Section 138 of N.I. Act are summary proceedings, there are presumptions in favour of the complainant that cheques had been issued by the respondent in discharge of his liability, so this Court finds no merit in the present petition. Accordingly, the same is hereby dismissed. [5] All pending miscellaneous application(s), if any, stands disposed off. (SUBHAS MEHLA) JUDGE 07.08.2025 ‘R. Sharma' Whether speaking/ reasoned : Yes/No Whether reportable : Yes/No RAJNEESH SHARMA 2025.08.11 19:52 I attest to the accuracy and integrity of this document