PRAKASHCHANDRA KANKRIYA H.U.F. Vs. PRAMOD

JUDGEMENT

(1.) The applicant has preferred this petition under Sec. 482 of Cr.P.C. against the order dtd. 16/10/2019 passed Judicial Magistrate First Class, Indore in Criminal Case No.1634/2019 whereby the application filed by the respondent/accused under Sec. 145(2) of Negotiable Instrument Act (in short " N.I. Act") has been allowed and he has been permitted to cross examine the complainant.

(2.) The facts of the case are that the applicant has filed a private complaint against the respondent/accused under Sec. 138 of N.I. Act alleging that he has advanced loan of Rs.5,00,000.00 to the respondent. For repayment of the aforesaid amount the respondent/accused issued a cheque bearing No.000564 amounting Rs.5,00,000.00 dtd. 25/10/2018 of Kotak Mahindra Bank. When the applicant presented this cheque in his bank account for encashment, the same has been returned unpaid on 7/12/2018 with the remark " insufficient fund". Then he gave a notice to the respondent for payment of the cheque amount, even after service of the notice, the respondent did not pay the aforesaid amount, therefore, he filed private complaint against the applicant.

(3.) The aforesaid complaint was registered by the trial court and respondent/accused was summoned. On his appearance, the particular of offence was explained to him but he denied the charges and pleaded for trial. He moved an application under Sec. 145(2) of N.I. Act for permitting him to cross-examine the complainant. The aforesaid application was allowed by the trial court vide impugned order dtd. 16/10/2019 and the said order is subject mater of challenge before this Court.