M. S. NAGARAJ Vs. MAILARAPPA

JUDGEMENT

(1.) This appeal is by the complainant, challenging the dismissal of the complaint filed by him against respondent/accused for the offence punishable under Sec. 138 of N.I.Act, contending that the cheque issued by the respondent/accused 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-in-chief himself as PW-1 and got marked Ex.P1 to 4. When the case was posted for cross-examination, on the ground that he has not tendered himself for cross-examination, the trial Court has recorded statement of accused under Sec. 313 Cr.P.C. and proceeded to dismiss the appeal by a considered judgment. Contending that complainant ought to have given reasonable opportunity to tender for cross- examination and thereafter to lead further evidence, if any, complainant is before this Court seeking remand.

(2.) Though duly served respondent has not chosen to appear before this Court.

(3.) Heard learned counsel for appellant and perused the record.