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PRAKASH D. NAIK
Kishor Biradmal Bhandari – Appellant
Versus
Chandrakant Krishna Gawas – Respondent
| Table of Content |
|---|
| 1. petitioner invokes jurisdiction for redress. (Para 1 , 2) |
| 2. reasons for rejection of cross-examination. (Para 3 , 4) |
| 3. requirements for granting cross-examination. (Para 5 , 8 , 12) |
| 4. interpretation of sec. 145 of n.i. act. (Para 6 , 21) |
| 5. accused's right to cross-examine. (Para 10 , 11 , 13) |
| 6. rights of crossexamination established. (Para 19 , 23 , 24) |
| 7. conclusion allows cross-examination. (Para 31 , 36) |
JUDGMENT/ORDER
1. The petitioner has invoked jurisdiction of this Court under Article 227 of the Constitution of India and inherent powers of this Court under Sec. 482 of Code of Criminal Procedure. The petitioner takes exception to order dtd. 21/2/2023 passed by the learned Judicial Magistrate First Class 'A' Court, Vasco-DaGama below Exhibit 45 in Criminal Case No.OA/244/OA/ NIA /2019/A rejecting the petitioner's application under Sec. 145(2) of the Negotiable Instruments Act.
2. The respondent is the complainant. The complaint is filed under Sec. 138 of the Negotiable Instruments Act before the Court of learned Judicial Magistrate First Class, Vasco. It is alleged that complainant needed finance to revamp his business operations. Services of the accused were en
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