PANDURANG NAMDEORAO RANKHAMB Vs. SARDAR CHANDASINGH

JUDGEMENT

(1.) Present petition has been filed by the original accused invoking the inherent powers of this Court under Article 226 and 227 of the Constitution of India to challenge order below Exh.141 in Summary Criminal Case No.1397/2014 dated 07.01.2020 passed by learned Judicial Magistrate First Class (Court No.1), Parbhani, whereby his application under Section 311 of the Code of Criminal Procedure, 1973 (in short Cr. P. C.) to recall the complainant has been rejected.

(2.) The factual matrix giving rise to the present petition are, that the present respondent has filed the said Summary Criminal Case contending, that the accused i.e. present petitioner has committed offence punishable under Section 138 of the Negotiable Instruments Act. The complaint contends, that in all three cheques were given by the accused in discharge of legal debt or liability to the complainant amounting to Rs.7,00,000/- in all and after presentation of those cheques they were dishonoured. Statutory notice was given to the accused on 23.09.2014, which was received by the accused on 24.09.2014 and inspite of receipt of the notice he failed to comply with the same. Hence complaint.

(3.) After the process was issued against the accused he appeared in the matter. His plea was recorded. Complainant has led evidence. It also appears that the matter was referred for mediation. A compromise deed was arrived at. An order came to be passed by the learned Presiding Officer stating that the matter be placed on the fixed date for recording compromise. It appears that thereafter the compromise has not been read and recorded, rather the evidence proceeded. An application came to be filed by the accused at Exh.141 for recall of the complainant. It was stated that in view of the compromise the cross-examination of the complainant was conducted by the side of the accused under wrong conception, impression and confusion. It was stated that the question regarding source, capacity, signature remained to be asked to the complainant. Further the complainant has produced as many as 18 documents along with list dated 01.02.2017, after the completion of cross-examination, and therefore, it is necessary to recall the complainant under Section 311 of the Code of Criminal Procedure for further cross-examination.