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HIGH COURT OF CHHATTISGARH, BILASPUR

CRMP No.633 of 2022

•

Mamta Das W/o Shri B.K. Das Aged About 37 Years R/o

J - 78, Sector 2, Shanker Nagar, Raipur , District Raipur

Chhattisgarh.

---- Petitioner

Versus

•

Mamta Dash W/o Anil Kumar Das Aged About 42 Years R/o

Flat No. 110, Badri Prasad Apartment , Near Ganpati Hotel,

Post/ Police Station Bargarh, District Bargarh Odisha 768028.

---- Respondents

For Petitioner

:

Ms. Aditi Singhvi, Advocate

For Respondents

:

-

Hon'ble Shri Justice Goutam Bhaduri

Order On Board

20.04.2022

1.

Heard.

2.

The present petition is against the order dated 16.03.2022,

whereby an application filed on behalf of the respondents

under Section 145 sub Section 2 of the Negotiable Instrument

Act, 1881 is allowed.

3.

Learned counsel for the petitioner would submit that initially an

order was passed by the learned trial Court on 15.01.2020

whereby an application to cross examine the person who has

been prosecuted was dismissed. Against that the respondent

has filed a revision before the Sessions Court and the

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Sessions Court in a particular way, while deciding the revision,

observed that if the application is filed under Section 145(2) of

the Negotiable Instrument Act, it would be decided and the

respondent be allowed to be given an opportunity to cross

examine. The counsel would submit that the said nature of

direction given by the Revisional Court would amount to

conduct the trial and the procedure to be adopted by trial Court

in a particular manner which is not permissible.

4.

Having considered the order of the Revisional Court and the

provisions of Section 145(2) of the Negotiable Instrument Act it

purport that ''the Court may, if it thinks fit, and shall, on the

application of the prosecution or the accused, summon and

examine any person giving evidence on affidavit as to the facts

contained therein.'' Therefore, the object of Section 145(2) of

the NI Act appears to be complied with. Further no prejudice

can said to have been caused by the order to the complainant.

Since, it only an opportunity for examination and cross-

examination, therefore, under the facts and circumstances, this

Court is not inclined to invoke the extra ordinary jurisdiction

under Section 482 of the Cr.P.C.

5.

With the above observations, this petition stands finally

disposed of.

Sd/-

Goutam Bhaduri

Judge

yasmin