RELIANCE INDUSTRIES LTD Vs. IMPERIAL PIGMENT PVT LTD

JUDGEMENT

(1.) The petitioner filed three complaint cases being CC Nos. 2206/2001, 2207/2001 and 2144/2001 against the respondent under Section 138 Negotiable Instruments Act ('NI Act') in the year 2001. After the evidence by way of affidavit of the authorized representative and its witnesses was filed by the petitioner and witnesses examined, learned Metropolitan Magistrate issued summons in the three complaint cases pursuant to which respondent entered appearance and the complaints were fixed for crossexamination of the witnesses of the petitioner when on 28th July, 2010 this Court in a batch of petitions Rajesh Agarwal Vs. State & Anr, 2010 171 DLT 51 laid down guidelines for summary trial procedure to be followed for quick disposal of complaints under Section 138 NI Act as under:-

(2.) Based on the decision of this Court in Rajesh Agarwal, learned counsel for the petitioner contended before the learned Trial Court that the witnesses of the complainant be recalled for cross-examination only after application under Section 145(2) NI Act was filed by the respondent disclosing the defence and to see whether cross-examination was required.

(3.) Vide the impugned order dated 31st January, 2011 the said request of the petitioner was turned down by the learned Trial Court in the above-noted three complaint cases as under:-