Deepak Surlakar vs Dominica A. Rodrigues

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Bom) 2335

B. P. COLABAWALLA
Deepak Surlakar – Appellant
Versus
Dominica A. Rodrigues – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr.D.Gaonkar and Mr. A.Salgaonkar

Table of Content
1. challenge to the order by the accused under negotiable instruments act. (Para 1)
2. trial court's reasoning for refusing cross-examination. (Para 2)
3. review of the trial court's justifications. (Para 3 , 4)
4. dismissal of the writ petition without merit. (Para 5)
5. digital signing and communication of the order. (Para 6)

JUDGMENT :

B.P.Colabawalla, J. - The above Writ Petition is filed seeking to challenge the order passed by the Trial Court on 18th November 2022(for short "the impugned order") on Exh.24. Exh.24 was an application filed by the Accused under Section 145 (2) of the Negotiable Instruments Act, 1881 seeking permission to cross examine the Complainant. This application came to be rejected by the impugned order.

2. In the impugned order, the learned Trial Court, taking into consideration the law on the subject, as well as the fact that the matter is already more than 3 years old, refused to grant leave to the Accused to cross examine the Complainant. The Trial Court was careful enough to say that the Accused can rebut the presumption arising under Sections 118 and 139 of the Negotiable Instruments Act, 19881 by leading defence evidence, if so advised. Th

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