AMIT DEEPAKRAO SHINDE Vs. SHIVLING KISANRAO KATEKAR

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally by consent of learned Advocates for the parties. Perused the record and proceedings.

(2.) The applicant is an accused in Summary Criminal Case No.1845/2018 filed under Sec. 138 of the Negotiable Instruments Act, 1881. The complainant adduced his evidence. The complainant was cross examined on behalf of the accused. After this cross examination, the accused changed his advocate. The newly engaged advocate made an application under Sec. 311 of the Code of Criminal Procedure with a prayer to recall the witness and accord permission to cross examine the witnesses. Learned Magistrate after granting an opportunity of hearing to the complainant vide order dtd. 30/9/2021 was pleased to reject this application Exh.71. The accused challenged this order in a revision application before the learned Sessions Court at Akola. Learned Additional Sessions Judge, Akola vide order dtd. 12/9/2022 dismissed the revision application primarily on the ground that the order in question was interlocutory in nature and therefore, revision against the said order was not maintainable.

(3.) Learned Advocate for the accused submitted that case in question is a fit case to warrant the exercise of jurisdiction under Article 227 of the Constitution of India and to set aside the order passed by the learned Magistrate. Learned Advocate submitted that reasons recorded by learned Magistrate are not consistent with the materials on record. Learned Advocate submitted that newly engaged advocate on going through record found that material questions with regard to the relations between the parties, nature of transaction as well as documents remained to be asked in the cross-examination. Learned advocate, therefore, submitted that rejection of the application has denied a fair trial to the accused, resulting in miscarriage of justice.