ANIL KUMAR Vs. ATUL KHANNA

JUDGEMENT

(1.) Prayer in this petition is for setting-aside the order dated 06.09.2019 (Annexure P-8) passed by the trial Court vide which the application filed by the petitioner/complainant in complaint No.NACT/2763/2015 dated 05.10.2015 was dismissed with a further prayer to allow the application and permit the petitioner to further cross-examine the defence witnesses of the respondent, who appeared as DW1, DW5 and DW6.

(2.) Brief facts of the case are that the petitioner has filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 (in short 'the N.I. Act') on account of dishonouring of a cheque of Rs.9 lacs.

(3.) It is worth noticing here that the petition is pending since 2015 and prior to filing the instant application under Section 311 Cr.P.C., the petitioner has filed two other applications for leading defence evidence. In the first application, it was prayed that he may be permitted to tender the statement of the bank account of the complainant and the said application was allowed by the trial Court. Again, the petitioner moved the second application with a prayer to reexamine himself as a witness and the same was allowed by the trial Court vide order dated 11.07.2018.