BHASKAR P. Vs. VARADA R. SHRESTI

JUDGEMENT

(1.) Heard learned counsel appearing for parties. Perused the records.

(2.) Petitioner is accused in C.C.No. 10/2008 which is pending on the file of Civil Judge (Jr.Dn.) and JMFC, Harihar, said proceedings came to be initiated by the respondent herein by filing a private complaint under section 200 of Cr.P.C., 1973 read with Section 138 of Negotiate Instruments Act alleging that cheque issued by the petitioner for discharge of debt has been dishonoured and as such, he requested the Jurisdictional Magistrate Court to take cognizance of the purported offence committed by the petitioner-accused and to try him for the said offence. On summons being served, petitioner herein has appeared and obtained bail and proceedings continued before the trial Court. Further, the records disclose that matter has been pending before the trial Court for the past 10 years and it is moving at snails pace.

(3.) Be that as it may. Petitioner-accused filed an application under section 311 of Cr.P.C., 1973 for summoning the Manager of Harihar Co-operative Bank who had been examined as PW2, interalia contending that said witness has to be further cross examined. After considering the objections filed by the complainant-respondent herein, learned Magistrate allowed the application on 16.7.2016. The said witness appeared before the court on 17.9.2016. However, learned Magistrate by order of even date has recalled the order passed on 16.7.2016 on the ground that PW-2 has already been cross-examined and he would not be a proper witness. Hence, accused challenging the order dated 17.9.2016 passed by the trial Court, this petition has been filed.