SHAKTI Vs. LAAB KAUR

JUDGEMENT

(1.) This petition has been filed under Section 482 of Cr.P.C. against the order dated 17.11.2017 passed by XII Additional Sesssions Judge, Indore in Cr.R.No.354/2017, whereby the learned revisionsal Court has confirmed the order dated 07.04.2017 passed by Judicial Magistrate First Class, Indore in Complaint Case No.33226/2010 whereby the present applicant who is accused in proceedings under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the 'Act') has been denied the opportunity to cross examine the complainant-respondent.

(2.) In brief the facts of the case are that the respondent has filed complaint under Section 138 of the Act on account of dishonour of cheque which has been issued by the present applicant. In the aforesaid proceedings on 20.01.2017, when the case was fixed before the trial Court, the applicant -accused, who was represented by the counsel an accusation of charges was made against him, the applicant-accused denied the offence having been committed. At that time, a request was made by the counsel for the complainant that in the light of the law laid down by the Hon'ble Apex Court in the case of Indian Bank Association Vs. Union of India reported in 2014 AIR SCW 3462, since the applicant-accused has not submitted an application under Section 145(2) of the Act, the matter be fixed for his evidence in defence. Accepting the aforesaid contention and recording her satisfaction that since the applicant-accused has not filed application under Section 145(2) of the Act, hence the matter is fixed for applicant's defence evidence.

(3.) Learned counsel for the applicant has vehemently argued before this Court that the applicant was not aware of the aforesaid proceedings which was recorded subsequently at the fag end of the Court proceedings and the matter was fixed for 09.02.2017 and 20.02.2017, on which date, an application was filed by the applicant-accused for recalling of the complainant and her witnesses for cross examination. The aforesaid application was dismissed by the Court on 07.04.2017 on the ground that since the Court has already dismissed the application by a detailed order dated 20.01.2017 and the right of the accused to cross examine the complainant has already been closed in the light of the order passed by the Hon'ble Apex Court in the case of Indian Bank Association (Supra) no case for interference is made out and any order reversing the order dated 20.01.2017 would amount to review.