PRAKASH CHIMANLAL SHETH Vs. T. RAMALINGAM NADAR

JUDGEMENT

(1.) The applicant has invoked the inherent powers of this Court under Sec. 482 of Criminal Procedure Code, challenging Order dtd. 13/2/2020 passed by learned Metropolitan Magistrate 14th Court, Girgaon Mumbai in C.C. No.5658/SS/2015 rejecting application Exh.36.

(2.) The applicant is the complainant in C.C. No.5658/SS/2015 pending before Court of learned Metropolitan Magistrate, 14th Court, Girgaon Mumbai. The Respondent Nos.1 and 2 are accused in the said proceedings. The complainant has alleged that in discharge of liability the accused issued Cheque Bearing No. 519681 in favour of complainant for Rs.3,00,000.00. The cheque was deposited by complainant for clearing on 31/8/2015. It was dishonoured vide return memo dtd. 3/11/2015 for want of sufficient funds in the account. The Accused was called upon to make payment. Payment was not made. Complaint was filed for an offence under Sec. 138 of Negotiable Instruments Act (for short 'N.I. Act).

(3.) Verification statement of the complainant was recorded. Process was issued against the Accused for an offence under Sec. 138 of N.I. Act. The Accused appeared before the Court. Plea of the Accused was recorded on 20/3/2017. The Accused denied the charge. The applicant/complainant filed affidavit of evidence under Sec. 145 of N.I. Act. The documents were marked as exhibits and the proceedings were adjourned for cross-examination of the complainant.