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Judgment
This application under Section 482 Cr.P.C. is directed against the order passed by learned Special Judge and Additional Sessions Judge, Ratlam in Criminal Revision No.78/2016 dated 05/07/2016, whereby, learned Additional Sessions Judge dismissed the revision filed against the order passed by learned Additional Chief Judicial Magistrate, Ratlam in Criminal Case No.238/2008 under Section 138 of Negotiable Instruments Act.
Brief facts of the case for disposal of this application are that the present applicant is facing trial before Additional Chief Judicial Magistrate, Ratlam under Section 138 N.I. Act for dishonour of cheque bearing No.504871, Canara Bank, Ratlam branch for Rs.30,000/-. The cheque was allegedly issued against the debt, the present applicant owned to the complainant.
During corss-examination of the complainant, questions were put to her by counsel for the present applicant in respect of other cases filed by various relatives of the complainant. She denied having any knowledge in respect of these cases. Subsequently, counsel for the complainant asked certain questions in respect of other cases filed by the relatives of the complainant against the present applicant, on which, an objection was raised. The cross-examination was adjourned by the Trial Court and before cross- examination could be resumed, the present applicant filed an application, copy of which is filed before this Court as Annexure P/3. By this application, it was prayed that before resuming the cross-examination, counsel appearing for the complainant should be directed not to ask any question in respect of cases filed against the present applicant by relatives of the complainant.
Learned Magistrate dismissed the application observing that it was not possible to issue any direction to the counsel for not asking any specific question during the cross-examination. A revision was filed and by the impugned order, learned Revisional Court dismissed the revision on the ground that it was not apparent that the Magistrate allowed any irrelevant questions to be asked during the cross-examination. The Revisional Court referred to various case laws and opined that the order passed by the Magistrate does not suffer from any illegality, impurity or irrelevancy and therefore, the revision was dismissed. Being aggrieved by the order, this application is filed on the ground that the complainant had already expressed that he had no knowledge about other cases filed by her relatives and therefore, asking such questions from the respondent would amount to allowing irrelevant questions during cross-examination.
Though the respondent was served, none appeared on her behalf.
I have gone through the orders passed by both the Courts below. Learned counsel for the applicant placed reliance on the judgment of Hon''ble Apex Court in the case of Deb Narayan Halder vs. Smt. Anushree Halder [AIR 2003 SC 3174]. This case was filed under Section 125 Cr.P.C. by the wife for grant of maintenance. The Court observed that when there was no pleading in the application that the husband had affair with any other lady, such questions were not permissible during cross-examination of the husband. However, in the present case, the principle laid down in this judgment of Hon''ble Apex Court does not apply. Though, the complainant may be ignorant about the cases filed by her relatives still, since the cases are filed against the present applicant. It may be presumed that, if such cases are in fact filed, he must be having knowledge of such cases and therefore, when his defence was that the complainant filed a false case against him, such questions appear to be relevant for proper disposal of the case.
It is apparent that the present applicant filed this application only to delay the proceedings before the Trial Court. The matter is already pending since year 2008. Taking all these factors into consideration, I find that this application is devoid of any merit and is liable to be dismissed and accordingly dismissed. However, on a cost of Rs.5,000/-, which shall be deposited in the account of High Court Legal Services Committee, Indore. The Secretary of the Committee is requested to accept the amount and pass a valid receipt thereof. The payment of cost shall be the condition precedent for further defence of the respondent.
Certified copy as per rules.