ANU SHARMA Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) Being aggrieved and dissatisfied with order dated 2.2.2019 passed by learned Chief Judicial Magistrate, Nurpur, District Kangra, Himachal Pradesh in Case No. 295-IV/16, whereby an application under S.145(2) of the Negotiable Instruments Act (hereinafter, 'Act'), having been filed by the petitioner-accused (hereinafter, 'accused'), seeking therein permission to cross-examine the respondent-complainant (hereinafter, 'complainant'), came to be dismissed, accused has approached this Court in the instant proceedings filed under S.482 CrPC, praying therein to set aside the impugned order and permit the accused to crossexamine the complainant.

(2.) Necessary facts, as emerge from the record are that the complainant initiated proceedings under S.138 of the Act against the accused in the competent Court of law, alleging therein that a Term Loan facility was availed by the accused amounting to Rs.5,75,000/- on 17.12.2014 for the purchase of Tractor. Entire loan amount was paid by the complainant to the dealer. Accused opened account No. JT-72 with the Bank and he, with a view to discharge his liability on account of loan availed by him, issued Cheque No. 656081 on 12.7.2016, amounting to Rs.5,90,000. However, the fact remains that the aforesaid cheque subsequently came to be dishonoured on account of insufficient funds in the account of the accused. Since the accused, despite having received legal notice served upon him, failed to make good the payment, complainant-Bank initiated proceedings under S.138 of the Act.

(3.) During proceedings of the case, an application under S.145(2) of the Act seeking therein permission to cross-examine the complainant and complainant's witnesses on behalf of the accused, came to be filed, however, such application (Annexure P-2) was rejected by Court below vide order dated 2.2.2019 (Annexure P-3), on the ground that the accused has not mentioned as to what was legally due from him to the Bank or that the amount mentioned in the cheque was not legally recoverable from him at the relevant time. In the aforesaid background, accused has approached this Court in the instant proceedings, as has been taken note herein above.