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Judgment
T. Amarnath Goud, J
Heard Mr. S. Lodh, learned counsel appearing for the petitioner. Also heard Mr. R. Datta, learned Public Prosecutor, appearing for the respondent-State.
This petition has been filed under Section-482 of the Code of Criminal Procedure, 1973 for invoking the inherent powers of this Court to prevent the abuse of the due process of law and for quashing/setting aside the impugned order dated 10.02.2022, passed by the learned Judicial Magistrate, First Class, Court No.5, Agartala, West Tripura in N.I. 135 of 2017, and thereafter, direct the learned Judicial Magistrate First Class, Court No.5, Agartala, West Tripura to issue summon upon the PW-4 (Mr. E.O. Tigga) to appear before the learned Court of Judicial Magistrate to face further cross-examination in connection with N.I. 135 of 2017 and to produce the documents relating to account details of SB A/c No.20058234137 lying with State Bank of India, H.G. Basak Road.
Learned counsel appearing for the petitioner has submitted that the impugned order dated 10.02.2022 closure of the evidence of the bank manager has negated the opportunity of examine him and records, it is shutting the evidence. It is seen from the record that the next date for proceeding with the matter is 28th March, 2022. However, the counsel submits that to identify the name of the account holder and his father’s name would clarify as to the issuance of cheques in whose name account is subsisting.
In view of above submission, it is directed that before that date, the Court below shall fix a date indicating the same to the counsel appearing for the parties and the Bank Manager to be present with the following details as prayed for by the petitioner herein i.e. (i) name of the account holder in respect of which the cheque has been issued; (ii) name of the father of the account holder inorder to avoid the confusion with regard to the identity along with bank records. This Court feels nothing wrong in providing all information and cross-examining the bank manager in-order to meet the ends of justice.
In view of the above observations and directions, the present petition stands allowed and disposed of. It is made clear that the bank manager shall be ready for examination by the respective counsel in the Court by the next date as fixed by the Court below.
A copy of this order be furnished to the counsel for the parties during the course of the day and also communicate to the court below forthwith.