RAKESH SINGH Vs. ANIL MADANMOHAN GULATI

JUDGEMENT

(1.) Since common issues arise in both the writ petitions, by consent, both writ petitions are disposed of by this common order.

(2.) The challenge in these petitions is to the order dtd. 07/10/2023 passed by the trial Court rejecting the applications under sec. 145(2) of the Negotiable Instruments Act, 1881 (for short "NI Act") made by the petitioner- original accused for cross examination of the respondent no. 1-complainant.

(3.) Respondent no.1 filed the complaints under sec. 138 of the NI Act on the allegation that the cheques drawn by the petitioner in favour of the respondent no.1 were dishonoured vide bank return memo for the reason "insufficient funds". According to the respondent no. 1, the liability of repayment of loan amount was Rs.19.00 lakhs which the respondent no. 1 advanced to the petitioner. The summons was served on the petitioner on 04/01/2022. The petitioner pleaded not guilty on 05/04/2022. The applications were made by the petitioner on 21/06/2022 for permitting him to cross examine the respondent no. 1 under sec. 145(2) of the NI Act at Exhibit D-33. The petitioner set up a defence that there is no legally enforceable debt as claimed by the respondent no.1. Further, the petitioner denied having any loan transaction with the complainant. The petitioner stated that he did not receive any notice as contemplated under NI Act.