GURURAJ DHIRENDRARAO KADIMDIWAN Vs. RAJESH WADHWA

JUDGEMENT

(1.) Rule. By consent, Rule made returnable forthwith. By consent, heard finally.

(2.) The petitioner is the accused no.3 in C.C.No.4654/SS/2005, pending before the Metropolitan Magistrate, 12th Court, Bandra, Mumbai. The said case is in respect of an offence punishable under Section 138 of the Negotiable Instruments Act (N.I.Act). The respondent no.1 is the complainant therein, on whose complaint, the case has been instituted. The respondent no.1's (hereinafter referred to as the complainant) affidavit in lieu of the examination in chief was tendered in the court. He was thereafter, cross examined on behalf of the petitioner. After the cross examination of the complainant was over, the counsel for the complainant submitted that he wanted to reexamine the complainant for certain purposes and for producing and proving certain documents. The Magistrate therefore adjourned the case for hearing on the application of reexamination, which was opposed to by the petitioner herein. The Magistrate, however, by his order dated 21.3.2012, allowed the application in the following terms :

(3.) The complainant is allowed to be reexamined in respect of the documents sought to be produced by complainant which are produced in the course of conducting his crossexamination in the interest of justice. No cost.