MOHAN N. Vs. KANTHARAJ N.

JUDGEMENT

(1.) Though this appeal is listed for admission, with the consent of both learned counsel for parties the matter is taken up for final disposal.

(2.) This appeal is by the complainant, challenging the dismissal of the complaint filed by him against respondent/accused for the offences punishable under Sec. 138 of N.I.Act, contending that the cheque issued by the respondent/accused for a sum of Rs.6,00,000.00 towards repayment of legally recoverable debt came to be dishonored. After issuing legal notice and on failure of respondent/accused to pay the amount due, he filed complaint under Sec. 200 Cr.P.C. After appearance of accused and he pleading not guilty, complainant has examined himself as PW-1 and got marked the documents. After granting two adjournments for cross-examination and on the ground that complainant has not tendered himself for cross-examination, the trial Court has discarded the evidence of complainant and proceeded to dispose of the matter on merits and dismissed the complaint. Reasonable opportunity is not given to tender the complainant for cross-examination and hurriedly dispose of the matter and prays to allow the appeal, remand the case for fresh disposal after providing reasonable opportunities for both parties.

(3.) For the sake of convenience the parties are referred to by their rank before the trial Court.