NARESH CHANDRA Vs. SHAKIL AHMAD

JUDGEMENT

(1.) Accused/Petitioner has invoked inherent jurisdiction of this Court under Section 482 of Code of Criminal Procedure, assailing the order dated 12.10.2015, passed by Judicial Magistrate, District Udham Singh Nagar, in Criminal Complaint Case No. 900 of 2013, Shakil Ahmad Vs. Naresh Chandra, under Section 138 of Negotiable Instruments Act.

(2.) Undisputedly, a complaint was filed by Shakil Ahmad, respondent, herein, under Section 138 of Negotiable Instruments Act, against the accused/petitioner, herein, which is pending disposal in the Court of Judicial Magistrate, Rudrapur, District Udham Singh Nagar; case was fixed on 22.04.2014, 12.05.2014, 09.06.2014, 26.06.2014 and 25.07.2014 for cross-examination of the complainant; however, either on one ground or another, case was adjourned on the request made by the accused and his counsel; ultimately, case was fixed for 28.08.2014; on that date too, cross-examination was not done by the counsel for the accused, therefore, learned Trial Magistrate, having no other alternative, was pleased to close the opportunity of cross-examination and was further pleased to fix 04.09.2014 for the statement of the accused under Section 313 Code of Criminal Procedure; on 04.09.2014, accused did not appear nor exemption was sought for his personal appearance, therefore, learned Magistrate was pleased to issue N.B.W against the accused; ultimately, accused did appear before the Trial Magistrate on 28.11.2014 and on his request N.B.W. was recalled; after the recording of the statement of the accused under Section 313 of Code of Criminal Procedure, five different dates were fixed in the case for the defence evidence, however, no evidence in defence was produced; on 24.02.2015, application under Section 311 of the Code of Criminal Procedure was moved by the counsel of the accused making request to the Trial Magistrate to recall the complainant CW-1 for cross-examination, which was dismissed vide order dated 12.10.2015; feeling aggrieved, accused/petitioner, herein, has knocked the doors of this Court by invoking Section 482 of Cr.P.C. I have heard Mr. M.K. Ray, learned counsel appearing for the accused/petitioner.

(3.) Section 311 of the Code of Criminal Procedure reads as under: