SHABEG SINGH Vs. TARSEM LAL

JUDGEMENT

(1.) Shabeg Singh has filed the instant petition under section 482 of the Code of Criminal Procedure assailing order dated 16.8.2011, Annexure P/3, passed by learned Judicial Magistrate Ist Class, Amritsar.

(2.) Respondent-complaint Tarsem Lal has filed complaint Annexure P/1 against accused under section 138 of the Negotiable Instruments Act and 420 IPC. On 16.8.2011, complaint was fixed for cross-examination of the complainant (CW3) but accused-petitioner moved application for adjournment as his counsel was not available. Learned Trial Magistrate has observed in the impugned order that examination-inchief of the complainant was recorded on 3.1.2011 and thereafter accused had availed sufficient opportunities to cross-examine the witness but did not do so. Consequently, cross-examination of the complainant was treated as nil with opportunity given by way of impugned order. Feeling aggrieved, the accused has filed the instant petition.

(3.) I have heard learned counsel for the petitioner and perused the case file.