MONEY PAULSON Vs. PHARMA KURIES (P) LTD.

JUDGEMENT

(1.) The petitioner herein is the accused in G.C. No. 1717 of 2009 for the offences punishable under S. 138 of the Negotiable Instruments Act, 1881. The said proceedings was initiated on the basis of a private complaint filed by the 1st respondent. The allegation in the complaint filed by the 1st respondent herein is that the petitioner herein stood as a guarantor in a kuri transaction and had issued a cheque towards the defaulted instalments, which upon presentment for collection was dishonoured.

(2.) PW. 1 was examined from the side of the complainant. The complainant's evidence was closed. The accused was questioned under S. 313 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Cr.P.C.'). Then the case was posted for defence evidence.

(3.) The petitioner filed a petition under S. 91 of the Cr.P.C. to direct the complainant to produce statement of accounts with respect to the kuri transaction. The said petition was allowed and the document was produced. Thereafter, the petitioner/accused wanted to cross-examine the complainant with reference to the statement of accounts, since there were discrepancies in the account. Thereafter, the petitioner has filed Cr.M.P. No. 6944 of 2012 for recalling PW. 1 to cross-examine him with specific reference to the statement of accounts.