PRATAP SINHA Vs. SARMA AND COMPANY

JUDGEMENT

(1.) WITH the help of this application, made under Section 482 CrPC, the petitioner, who is accused in NI Case No. 1/2009, has put to challenge the order, dated 19.12.2012, passed by the learned Judicial Magistrate, 1st Class, Cachar, in the case aforementioned allowing the complainant's prayer for re- examination of the prosecution witness No. 1.

(2.) WHILE considering the present application, made under Section 482 CrPC, it needs to be noted that the Complaint Case aforementioned arose out of a complaint, made by the opposite party herein, alleging to the effect, inter alia, that a Cheque, for a sum of Rs. 8,90,626/-, issued by the present petitioner, had been dishonoured by the bank concerned for insufficiency of fund and, despite notice having been issued to the accused-petitioner, in this regard, by the complainant-opposite party herein, demanding payment of the sum of money covered by the said Cheque, the payment had not been made within the period, prescribed by law, and, hence, the complaint case was instituted.

(3.) THEREAFTER, the complainant made an application to the learned Court below for providing him with an opportunity to re- examine his witness No. 1 and the complainant's prayer was allowed by order, dated 19.12.2011, which stands impugned in this application, made under Section 482 CrPC.