POORAN SINGH YADAV Vs. SAROJ SHARMA

JUDGEMENT

(1.) This application under Sec. 482 of CrPC has been filed against the order dtd. 30/7/2019 passed by Vth Additional Sessions Judge, to the Court of 1st Additional Sessions Judge Vidisha in Criminal Revision No. 6/2019, by which the order dtd. 15/3/2019 passed by J.M.F.C., Vidisha in Criminal Case No. 2061/2015 has been set aside and the respondent has been permitted to cross examine the applicant/complainant.

(2.) The necessary facts for disposal of present application in short are that the applicant has filed a criminal complaint under Sec. 138 of Negotiable Instruments Act.

(3.) By order dtd. 12/7/2016, the trial Magistrate, directed that in the light of the judgment passed by the Supreme Court in the case of Indian Bank Association v. Union of India reported in (2014) 5 SCC 590, the respondent may file an application seeking permission to cross examine the complainant. However, no such application was filed. Thereafter, 20/10/2016, it was held by the trial Magistrate, that since, the respondent has not sought permission to cross examine the complainant, therefore, permission can not be granted and accordingly, the case was fixed for examination of the respondent under Sec. 313 of CrPC. Thereafter, it appears that the respondent filed an application for cross examination of the complainant, but the said application was rejected by order dtd. 8/12/2016, by holding that the trial Magistrate has no power to review its order. It appears that against the order dtd. 20/10/2016, the respondent preferred a revision, which was dismissed by the Revisional Court. It appears that once again the respondent filed an application for recall of complainant for cross examination. The said application was dismissed by order dtd. 15/3/2019.