JUDGMENT

R. N. BISWAL, J. — This CRLMC arises out of a petition filed under Section 482 of Cr.P.C. to set aside the order dated 12.5.2005 passed by the J.M.F.C., Salipur in 1.C.C. Case No.108 of 2003 and to direct him to allow the petitioners to further cross-examine P.W.1, record their statements under Section 313 of Cr.P.C. and to recall the N.B.W. of arrest issued against them.

2. The petitioners faced trial for the offence under Section 138 of Negotiable Instruments Act in I.C.C. Case No.108 of 2003 before the J.M.F.C., Salipur on the complaint made by Subodh Kumar Bhuyan (opp. party No.2). The complainant was examined in chief on 23.8.2004 as P.W.1 and on the prayer of the accused persons (petitioners), his cross-examination was deferred to 23.2.2005, on which date the advocate for the complainant filed a petition under Section 311 of Cr.P.C. with a prayer to re-examine P.W.1. The prayer being allowed he was re-examined and was cross-examined in part on behalf of the accused persons. Further cross-examination was deferred to 28.2.2005 on the prayer made on behalf of the accused persons. On that date learned defence counsel filed a petition praying for one month time to pay back the cheque-amount of Rs.1,25,212/- to the complainant. The peti¬tion was allowed and the case was adjourned to 2.4.2005, on which date again on the prayer of learned counsel for the accused-petitioners the case was adjourned to 11.4.2005 subject to pay¬ment of cost of Rs.400/-. On 11.4.2005 again a petition was filed on behalf of the accused persons for time to enable them to pay the aforesaid amount to the complainant. The petition was allowed subject to payment of cost of Rs.5,000/-. On the same day after passing of the aforesaid order, accused persons paid Rs.25,000/- to the complainant and the case was adjourned to 10.5.2005 for payment of the balance amount. On this date the defence counsel submitted that the accused persons had given him Rs.25,000/- to pay to the complainant and he had no further instruction and prayed for adjournment of the case. He further prayed to recall the order dated 11.4.2005 wherein the accused persons were asked to pay cost of Rs.5,000/-, but the prayer was rejected and the trial Court directed the accused persons to appear personally on 12.5.2005 positively for recording their statement under Section 413 of Cr.P.C. It also directed that the learned defence counsel would come prepared on that date to complete the cross-examination of P.W.1. On 12.5.2005, four petitions were filed on behalf of the accused persons. One of the petitions was to ad¬journ further cross-examination of P.W.1. The petition was re¬jected on the ground that despite sufficient opportunity given to the accused persons to cross-examine P.W.1 they did not avail the same. The second petition was to grant one month time to pay the cost of Rs.5,000/-. The third petition was to recall the order dated 11.4.2005 wherein the accused persons were directed to pay Rs.5,000/- towards cost. Both these two petitions were rejected. The last petition was to allow 15 days time to the accused per¬sons for their personal appearance before the Court on the ground of their illness. Photocopies of some documents showing illness of the accused persons were filed. Since the documents did not bear seal and signature of the doctor and in absence of the original ones, the prayer was rejected and order was passed to issue N.B.W. of arrest against the accused persons fixing the case to 31.5.2005 for their production.

Being aggrieved with these orders the accused persons have filed this petition under Section 482 of Cr.P.C. as stated earli¬er.

3. Learned counsel for the petitioners submitted that after being examined in chief on the previous date the complain¬ant was re-examined by the prosecution on 23.2.2005. He was cross-examined in part and on the prayer of the defence counsel, his examination was deferred to 28.2.2005, on which date, on the basis of compromise between th