KISHOR RAMESHCHANDRA MUNDADA Vs. SHAKIL AHMED AKIL ALI

JUDGEMENT

(1.) HEARD counsel for both sides finally at admission stage. Counsel for applicant in these matters is submitting that, these are matters arising out of complaint under Section 138 of the Negotiable Instruments Act. The applicant - petitioner is original complainant. The petitioner had moved the trial Court to recall the complainant, which was allowed. The revision applications filed by the respondent - accused were rejected. The petitions filed also were rejected by this Court. However, for reasons recorded by this Court, the complainant was directed to pay costs of Rs.3000/ - in each of the matter. The counsel submitted that, there was delay of two weeks in paying the costs in the trial Court.

(2.) THE reason, according to the learned counsel is that, the trial Court did not directly accept the costs and had asked the petitioner to get certified copy of the order and hence there was delay. The counsel submitted that, subsequently, the trial Court has passed the impugned order below Exhibits 1 and 109 in S.C.C. No. 770/2007 and Exhibits 1 and 104 in S.C.C. No. 771/2007 on the same day of 15.1.2014 and rejected the applications to deposit the amount and declined the opportunity to complainant to recall and re - examine the complainant's witness. It is argued that, when the High Court has maintained the order of recall of witness, the Magistrate could not have passed the order to reverse the earlier decision.

(3.) LEARNED counsel for respondent - accused submitted that the accused had filed say opposing the application and to deposit the costs which were directed. The respondents disputed the averments made in the application to deposit costs. The submission of the learned counsel is that, the applicant in both the matters had knowledge of the order passed, but still they delayed payment and there is no justification for the delay. According to the learned counsel, the grounds raised in the present petition to permit to deposit the costs are not justified. It has been submitted that the applications need to be rejected.