RAMINDER SINGH SAHANI Vs. JAPFA OBEROI AGRO LTD

JUDGEMENT

(1.) HEARD learned Advocates for the parties. Rule. By consent, rule made returnable forthwith.

(2.) THE petitioner seeks quashing of the order dated 16th October, 2003 passed by the 5th Additional Sessions Judge, Pune, partly allowing the application of the petitioner to summon and examine the complainant and thereafter, permit the petitioner to cross-examine the complainant. The impugned order dated 16th October, 2003 only allows the petitioner-accused to cross-examine the complainant and not for examination-in-chief.

(3.) THE attention of this Court is drawn to section 145 of the Negotiable instrument Act, 1881. Clause (2) of the said section cast an obligation on the court to summon and cross-examine any person giving evidence on affidavit as to the facts contained therein on an application made either by the prosecution or the accused. Petitioner herein is an accused and desires that the complainant be examined in Court and thereafter cross-examined.