PARKASH KAUR Vs. MAN MOHAN SINGH GANDHI

JUDGEMENT

(1.) Prayer in this petition, filed under Section 482, Cr.P.C., is for quashing of the order, dated 8.8.2011 (Annexure P-7), whereby the learned Judicial Magistrate Ist Class, Ludhiana, had closed the evidence of the respondent-complainant by order of the Court.

(2.) The brief facts of the case are that the respondentcomplainant had filed a complaint for the offence punishable under Section 138 of the Negotiable Instruments Act, against the petitioner and two others. The preliminary evidence was recorded and thereafter the petitioner and his co-accused were ordered to be summoned vide order, dated 12.1.2010. After the appearance of the petitioner and his co-accused, notice of accusation was served and thereafter the case was posted for recording the complainant's evidence. On 8.8.2011, CW-1 was present along with the record for further cross-examination, however, the defence counsel sought for an adjournment. As the last opportunity was afforded by the learned Trial Court to cross-examine the witness, therefore, a direction was issued to the counsel for the petitioner-accused to appear after lunch for the cross-examination of CW-1. The witness (CW-1) remained present after lunch, but till 3.30 p.m., the counsel for the petitioner-accused did not appear in the Court and, as such, the cross-examination of the witness (CW-1) was treated as nil and thereafter the evidence of the respondent-complainant was closed by order of the Court and the case was posted for recording the statements of the petitioner and his co-accused in terms of Section 313, Cr.P.C.

(3.) Learned counsel for the petitioner-accused submits that though the counsel for the petitioner-accused was not present in the Court when the witness (CW-1) was available for the crossexamination, but still the learned Trial Court should not have shown the cross-examination of CW-1 as nil. Therefore, he prays for acceptance of the present petition by setting aside the order, dated 8.8.2011 (Annexure P-7), passed by the learned Judicial Magistrate Ist Class, Ludhiana.