ANIL KUMAR Vs. PARVEEN KUMAR

JUDGEMENT

(1.) The instant petition under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter "CrPC") [now Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter "BNSS")] has been filed on behalf of the petitioner seeking setting aside of the order dtd. 31/3/2023 (hereinafter "impugned order") passed by the learned Metropolitan Magistrate-01 (NI Act), Central, Tis Hazari Courts, Delhi (hereinafter "learned MM") in Ct. Cases 4622/2020.

(2.) The brief facts that led to the filing of the instant petition are that the respondent herein filed the aforesaid case against the petitioner under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter "NI Act"). In the said complaint case, the learned MM, vide order dtd. 23/9/2021 summoned the petitioner following which the notice was framed against him. The petitioner then moved an application under Sec. 145(2) of the NI Act, thereby, seeking permission to cross examine the respondent and the learned MM allowed the said application pursuant to which the matter was fixed for recording complainant/respondents evidence.

(3.) Thereafter, the examination of the respondent was conducted, wherein, the respondent was cross-examined and discharged, and the complainant evidence was closed vide order dtd. 21/1/2023. Following the same, the matter was kept for recording of statement of accused under Sec. 313 of the CrPC (now Sec. 351 of the BNSS).