SHRIMATI SAROJ SHARMA Vs. POORAN SINGH YADAV

JUDGEMENT

(1.) Appearing counsel for the respondent is permitted to file reply to pending I.A. No. 6311/2017 filed on behalf of the applicant for staying the proceedings of trial Court in relation to Criminal Case No. 2061/2015. Copy of the above mentioned reply with affidavit of respondent and annexed documents have been supplied to the applicant's counsel.

(2.) With consent of appearing counsel for the parties, they were heard finally.

(3.) Applicant has filed a petition under Section 482 of the Cr.P.C. against the order dated 1.4.2017 passed by Special Judge and Additional Sessions Judge, Vidisha in Criminal Revision No. 160/2016, whereby the order dated 20.10.2016 passed by relating JMFC, Vidisha in Criminal Case No. 2061/2015 is affirmed, by which the trial Court refused to grant permission to applicant/accused of the above mentioned Criminal case to cross-examine the complainant/present respondent, as previously no application under Section 145(2) of the Negotiable Instruments Act was filed by the present applicant before trial Court and on this point reliance has been placed by the trial Court on the case of Indian Bank Association and others Vs. Union of India and others [(2014) 5 SCC 590]. Undisputed facts are that respondent Pooran Singh filed a private complainant against present applicant as accused for offence punishable under Section 138 of the Negotiable Instruments Act and the relating case is pending in the Court of JMFC, Vidisha bearing Criminal case No. 2061/2015. On 20.10.2016 before trial Court, under complainant's evidence, additional examination-in-chief of complainant was conducted regarding some documents. According to certified copy of the order sheet dated 20.10.2016, present applicant appeared before the trial Court along with her Advocate Shri Raghavendra Singh Tomar on that day. As prior to that date, no permission was sought by the accused for cross-examination of the complainant, hence, trial Court did not grant permission to the accused's counsel to cross-examine the complainant/present respondent Pooran Singh and the case was fixed for examination of the accused in future on 22.11.2016. Against this order passed by the JMFC, present applicant preferred a criminal revision before Sessions Court, Vidisha, which has been dismissed by Special Judge and Additional Sessions Judge vide impugned order dated 1.4.2017.