SANGAM PARIDHAN Vs. YOGENDRA KUMAR GUPTA

JUDGEMENT

(1.) The present petition under Sec. 482 of the Cr.P.C. arising out of the order dtd. 28/6/2022 passed by the Fifteenth Additional Session Judge, Gwalior in Criminal Revision No.92/2022, whereby order dtd. 5/4/2022 passed by the Judicial Magistrate First Class, Gwalior closing the right of petitioners to cross-examine the respondent/complainant has been affirmed.

(2.) Learned counsel for the petitioners, at the outset, informed this court that vide order dtd. 25/7/2022, humdast notice was served on respondent/Yogendra Kumar Gupta and notice report is submitted alongwith affidavit of the petitioner No.2/Smt. Padma Bai. Counsel further informed this court that through mobile also service of notice has been effected over the respondent.

(3.) Precisely stated facts of the case are that complaint has been filed by the respondent for offence under Sec. 138 of the Negotiable Instrument Act against the petitioners/accused on premise of dishonour of cheque. It appears from documents and submissions that due to COVID-19 Pandemic and the reasons assigned in para 4 of the petition for the reasons or the other, petitioners could not cross-examine the witness, therefore, right to crossexamine the complainant has been closed by the trial court.