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2023 Supreme(Jhk) 1248

ANIL KUMAR CHOUDHARY
Md. Irfan Khan @ Irfan Khan – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Md. Imteyaz Asraf, Mr. S.B. Gupta, Advocate
For the Respondent:Mr. Abhay Kr. Tiwari, Mr. Arun Kumar, Ms. Anupama Kumari, Advocate

JUDGMENT :

By the Court : Heard the parties.

2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with a prayer to quash the order dated 23.09.2022 passed by learned Judicial Magistrate-XXVIII, Ranchi in M.C.A. No.4937 of 2022 arising out of Complaint Case No.1782 of 2013 by which the learned Magistrate has allowed the prayer of the complainant for his cross-examination by the accused subject to payment of Rs.5,000/- by the complainant to the accused and also ordered that the complainant shall make himself available on next two days from 23.09.2022 when the complainant will be examined as witness and the accused will not be permitted to any adjournment on the said next two days.

3. The brief fact of the case is that the petitioner is an accused of Complaint Case No.1782 of 2013 involving the offence punishable under Section 138 of the Negotiable Instrument Act. The complainant is the payee of the cheque which was dishonoured and in connection of which the case has been instituted. The complainant examined himself as a witness on 17.02.2022 and some documents were marked Exhibits. But the defe

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