ANSAL BUILDWELL LTD Vs. RAKESH BEDI

JUDGEMENT

(1.) The criminal complaint case (CC no.1146/1) from which the present proceeding arise was initiated by the respondent (complainant) on 19.07.2002 alleging offences punishable under Section 138 of the Negotiable Instruments Act, 1881 having been committed, inter alia, by the petitioner. It continues to be hanging fire in the court of the Metropolitan Magistrate till date. At the stage of trial, objection was taken on behalf of the accused (petitioner) as to the affidavit of the complainant on which he was being called upon to cross-examine. The petitioner (accused) would refer to the affidavit that had been submitted in 2002 to point out that its contents were different from another affidavit of the complainant that had been tendered in 2007, he expressing inability to cross-examine on such account. The Magistrate observed in the proceedings recorded on 27.05.2015 that similar objection had been raised on the previous date, it having been settled, the accused being obliged to cross-examine the complainant on the basis of affidavit that had been pressed as evidence at the trial i.e. after summoning and in the wake of notice under Section 251 Cr. PC. The Metropolitan Magistrate, by his order dated 27.05.2015, held that the affidavit of 2002 shall be read in evidence at the stage of postsummoning evidence as is permissible in law.

(2.) The petitioner challenged the above-said order by approaching the court of Sessions invoking its revisional jurisdiction by filing petition (Crl. Revision No.26/2015) which was dismissed by order dated 18.08.2015.

(3.) The petition at hand was filed invoking the inherent jurisdiction of this court under Section 482 of the Code of Criminal Procedure, 1973 (Cr. PC) to bring a fresh challenge to the order of the Metropolitan Magistrate.