P&H: Refuses to Quash Order Allowing Additional Witness not cited in original list in Section 138 Cheque Bounce Case

punjab-haryana
⚖️ Order Date: 28 Jul 2026
Headnotes

(i) Negotiable Instruments Act, 1881, S.138, Bharatiya Nagarik Suraksha Sanhita, 2023, S.348 — Dishonour of Cheque — Summoning of additional witness — Additional witness not cited in original list — No absolute bar — Mere fact that proposed witness was not initially cited in list...

(iii) Negotiable Instruments Act, 1881, S.138, Bharatiya Nagarik Suraksha Sanhita, 2023, S.348 — Dishonour of Cheque — Summoning of additional witness — Relevance of compromise deed — The testimony of former Sarpanch, was relevant for elucidating the circumstances in which the compromise was executed, nature...


Facts of the Case

P&H: Refuses to Quash Order Allowing Additional Witness not cited in original list in Section 138 Cheque Bounce Case

The Punjab and Haryana High Court has dismissed a petition filed by Roshan Khan challenging an order that allowed the complainant in a cheque bounce case to summon an additional witness.

The dispute arose from a complaint under Section 138 of the Negotiable Instruments Act, 1881, pending before the Judicial Magistrate First Class at Nihal Singh Wala, Moga. The complainant had sought to examine Baljit Singh, former Sarpanch, as an additional witness under Section 348 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which corresponds to Section 311 of the old Criminal Procedure Code.

The petitioner argued that the request was...

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