FANTASY FASHION Vs. ASIM KUMAR SINHA

JUDGEMENT

(1.) THE petitioner, who is an accused in Complaint Case no.1541/1 of 2005 under Section 138 Negotiable Instrument Act, has impugned the order dated 10.10.2011 passed in Criminal Revision No.202/2011.

(2.) VIDE impugned order, learned ASJ, I/C Saket Courts, after considering the grounds on which the petitioner/accused wanted to recall CW -1 - the complainant for further cross examination, affirmed the order dated 29.07.2011 passed by learned Metropolitan Magistrate. The prayer to further cross examine CW -1 was declined for the reasons given in para 8 and 11 of the impugned order which are extracted as under : -

(3.) ON behalf of respondent, it has been submitted that the case is fixed for final arguments. The complainant was cross examined at length and thereafter defence evidence was led and closed. The documents sought to be confronted pertain to third party and the purpose of filing this petition is only to delay the trial. The complaint is under Section 138 Negotiable Instrument Act, which was filed on 16.07.2005, is a summary trial but pending for almost seven years.