JAI DURGA INDUSTRIES Vs. PHOOL CHAND BHAGAT SINGH

JUDGEMENT

(1.) This petition has been filed under Sec. 482 of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.') challenging the order dtd. 18/11/2023 (hereinafter referred to as the 'Impugned Order') passed by the learned Additional Sessions Judge-02, (Central-District), Tis Hazari Courts, Delhi (hereinafter referred to as the 'Revision Court') in Criminal Revision No. 542/2023 titled as Jai Durga Industries Through its Proprietor Vikas Aggarwal v. Phool Chand Bhagat Singh, dismissing the said Revision Petition.

(2.) The said Revision Petition had been filed by the petitioner herein challenging the order dtd. 20/7/2023, passed by the learned Metropolitan Magistrate (NI Act)-02, Central District, Tis Hazari Courts, Delhi (hereinafter referred to as the 'Trial Court'), closing the right of the petitioner to crossexamine the respondent in the complaint filed by the respondent under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the 'NI Act').

(3.) The learned counsel for the petitioner submits that the petitioner merely requires just one opportunity to cross-examine the respondent and is willing to subject himself to any condition that this Court may impose for the same. He submits that crossexamining the respondent is very vital and the absence thereof would severely prejudice the petitioner in its defence.