DUDHNATH MATAPRASAD DUBEY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Applicant has filed this application for setting aside the order dtd. 20/08/2022 passed in Criminal Revision Application No.98 of 2022 before the learned Additional Sessions Judge, Thane, arising out of the S.C.C.No.209 of 2017 before the J.M.F.C., Bhiwandi.

(2.) The Respondent No.2 herein is the original complainant before the learned Magistrate. The applicant is facing the prosecution initiated by the original complainant U/s.138 of the Negotiable Instruments Act, 1881 (for short 'N.I.Act').

(3.) The case of the complainant is that, he had supplied yarn to the applicant. The applicant did not pay the dues and by way of part payment of the dues, issued a cheque; which was dishonoured and, therefore, the complaint was filed. There were in all four complaints pending simultaneously before the same learned Magistrate. In all these matters, separately, the examination in chief of the complainant, in the form of affidavit, was filed. The applicant, through his advocate, conducted the cross-examination in the S.C.C.No.3618 of 2016 and at the conclusion of the cross-examination, filed a pursis that the said cross-examination should be treated as the cross-examination in all the remaining cases. After the cross-examination was over, the applicant filed an application U/s.311 of the Cr.p.c. for recalling the complainant. It was mentioned in that application that the cross-examination was necessary on the following issues.