AI Structured Summary
Not yet generated for this judgment
Judgment
This Criminal Petition is filed by the petitioner/ accused to set aside the order dated 18.11.2022 passed in Crl.M.P. No.6525 of 2022 in C.C. No.140 of 2018 on the file of learned I Additional Junior Civil Judge-cum-Judicial Magistrate of First Class, Narsapur, West Godavari District.
As seen from the record, respondent No.2 filed complaint in C.C. No.140 of 2018 for the offence under Section 138 of Negotiable Instruments Act, 1881 (hereinafter referred to as ‘the Act’). When the matter is posted for cross examination of PW.1, petitioner took several adjournments to complete cross examination of PW.1 and finally, on 30.09.2022, the learned trial Court closed the further cross examination of PW.1. Further, petitioner filed Crl.M.P. No.6525 of 2022 to recall the evidence of PW.1 so as to conduct further cross examination and at the culmination of enquiry, the said petition is dismissed vide order dated 18.11.2022. Feeling aggrieved by the same, this instant petition is filed.
The grounds urged by the petitioner in this petition are that, the order of the learned trial Court is erroneous, contrary to law and result of improper exercise of the jurisdiction, opposed to the very spirit and object of the provisons of Section 311 of the code of Criminal Procedure, the learned trial Court is grossly erred in not appreciating the contention of the petitioner and trial Court ought to have seen that the categoric case of the petitioner that the further examination of PW1 is very essential, further the trial Court ought to have given an opportunity to the petitioner to cross examine the PW.1, in view of the fact that the cheque was returned as ‘refer to drawer’, and with other formal grounds, prayed to set aside the order dated 18.11.2022 passed in Crl.M.P. No.6525 of 2022 in C.C. No.140 of 2018 on the file of learned I Additional Junior Civil Judge-cum-Judicial Magistrate of First Class, Narsapur, West Godavari District.
Heard learned counsel for the petitioner, learned counsel for respondent No.2 and learned Assistant Public Prosecutor.
During the course of arguments, learned counsel for the respondent No.2 fairly conceded to allow the petition giving opportunity to the petitioner to conduct further cross examination on payment of costs. Learned counsel for the petitioner submitted that due to non availability of learned counsel for the petitioner, he could not conduct further cross examination of PW.1 and further evidence of PW.1 is closed during covid pandemic period and requested not to impose any costs on the petitioner.
The record clearly reveals that initially respondent No.2 was examined in chief on 12.03.2021 and thereafter, the matter is posted to 23.03.2021 for cross examination of PW1 and after granting several adjournments, when the matter is posted to 18.11.2021, again learned counsel for the petitioner requested time and then, the matter is adjourned on payment of costs of Rs.200/-. Further, on two occasions, the matter is referred to Lok Adalat and since the matter is not settled, returned to the regular Court and finally posted the matter to 20.09.2022 for further cross examination of PW.1. On that day, learned trial Court closed the cross examination of PW.1 on the ground that PW.1 is aged about 67 years and the matter is of the year 2018,
As seen from the order passed by the learned Judicial Magistrate of First Class, Narsapur, West Godavari District, cogent and justifiable reasons are assigned to negate the request of the petitioner. The covid pandemic period was from March, 2020 to January, 2022, whereas, the matter is adjourned upto 30.09.2022, at the request of learned counsel for the petitioner and on 30.09.2022, when the matter is finally posted for cross examination also, petitioner requested time on the ground of non-availability of his counsel. Having considered the principles laid down by the Hon’ble Apex Court and object of 311 Cr.P.C, the learned trial Court dismissed the petition by assigning justifiable reasons, however having considered the fair submission of the learned counsel for the petitioner to allow the petition and to meet ends of justice, this Court is of the considered view that, one opportunity may be given to the petitioner so as to conduct further cross examination of PW.1, on the date fixed by the trial Court, without fail.
In the result, this Criminal Petition is allowed on payment of costs of Rs.5,000/- (Rupees five thousand only) payable to the respondent No.2/ PW.1 on the date of further cross examination of PW.1. Registry is directed to communicate the copy of the order to the trial Court forthwith.
As a sequel thereto, pending miscellaneous petitions, if any, shall stand closed.