(1.) The present petition filed by the petitioner under Section 482 of Code of Criminal Procedure, 1973 (hereinafter after referred as 'Cr.P.C.') seeking setting aside of order dated 20.01.2017 and 25.03.2017 passed by learned ACMM, Karkardooma Courts, Delhi, whereby the petitioner's right to cross-examine the respondent/complainant was closed by the Trial Court.
(2.) The brief facts of the present case are that the complaint under was filed by the complainant/respondent against the petitioner alleging that the cheques issued by the petitioner in discharge of his admitted liability was dishonoured, on presentation, to the bank concerned. The Trial Court vide order 14.07.2016, issued summons to the petitioner. The matter was sent to mediation centre but the same failed. On 20.12.2016, the counsel for the petitioner sought time from the court concerned to file an application under Section 145(2) of NI Act and the same was allowed, subject to the cost of Rs.10,000/- and was fixed for 20.01.2017. On 20.01.2017, the petitioner failed to file an application under Section 145(2) of NI Act and his right to cross-examine the respondent was closed. The matter was further listed on 25.03.2017 for S.A/D.E. On 25.03.2017, the application moved by the petitioner was dismissed by the court on the ground that the same was not maintainable as the right to cross-examination had already been closed on 21.01.2017. Hence, the present petition.
(3.) The learned counsel for the petitioner contended that the Trial Court had erred in passing the order dated 20.01.2017 and 25.03.2017, as the same is based on conjectures and surmises; that on 20.01.2017, when the matter was taken up by the learned ACMM and after informing the court he had gone to call his counsel, his right to cross-examination had been closed.