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ARUN MONGA
Neelam – Appellant
Versus
Veena – Respondent
| Table of Content |
|---|
| 1. overview of the case facts and procedural history. (Para 2) |
| 2. court's discretion in issuing notice. (Para 3 , 4) |
| 3. judicial discretion in admissibility of evidence. (Para 5 , 6) |
| 4. granting opportunity to conclude evidence. (Para 7) |
| 5. disposal of pending applications. (Para 8) |
JUDGMENT
Mr. Arun Monga, J. (Oral)
This is a petition under Section 482 of Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking quashing of impugned order dated 21.02.2023 (Annexure P- 5) passed by learned JMIC, Ludhiana, in COMA/24664/2019 dated 31.07.2019 titled 'Neelam v. Veena' whereby evidence of the complainant/petitioner was closed as well as quashing of order dated 14.07.2023 (Annexure P-7) whereby his application filed under Section 311 Cr.P.C. for recalling of the petitioner for her cross-examination, was dismissed.
2. Succinct facts first, as pleaded in the instant petition.
2.1 A complaint under section 138 of Negotiable Instruments Act, 1881 (for short 'NI Act'), was filed by petitioner against the respondent, who was known to her. It was alleged that respondent approached the complainant/petitioner for some financial help to the tune of Rs 2,65,000/- and in the month of
The court's acknowledgment of the procedural readiness for cross-examination reinforces the necessity of allowing fair trial practices under criminal procedure.
The right to cross-examine can be forfeited through negligence, and courts may reject applications to recall such rights if the accused fails to act timely.
The court upheld the dismissal of a petition for failing to cross-examine the complainant, emphasizing the importance of compliance with court orders and procedural timelines.
The court held that under Section 145 of the NI Act, the accused must be allowed to cross-examine the complainant before recording their plea of defence, ensuring the fairness of the trial process.
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