RUKMAKAR @ BHARAT TULSHIDAS NAIK Vs. SANTOSH SHABA GAONKAR

JUDGEMENT

(1.) By this petition, the petitioner/accused is challenging the order dated 10.01.2019 passed by the learned Magistrate in Criminal Case No.259/OA/NIA/2018/C by which an application (exhibit 12) filed by the petitioner seeking leave to cross examine the first respondent-complainant, has been dismissed.

(2.) The first respondent has filed a complaint against the petitioner for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, (Act, for short) in respect of dishonour of a cheque dated 31.01.2018, drawn by the petitioner on his account with Syndicate Bank, Pale Branch for a sum of Rs. 2,64,375/-. Prior to the institution of the complaint, the first respondent had issued a statutory notice to the petitioner on 13.02.2018. Indisputably, the petitioner failed to comply with the said notice and has even failed to issue any reply to the said notice.

(3.) Before the learned Magistrate, the petitioner filed an application, exhibit 12, seeking leave to cross examine the complainant. The application is conspicuously silent as to the probable defence of the petitioner and the point on which the petitioner intends to cross examine the first respondent.