IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL WRIT PETITION NO.26 OF 2004

CRIMINAL WRIT PETITION NO.26 OF 2004

CRIMINAL WRIT PETITION NO.26 OF 2004

Raminder Singh Sahani. ...Petitioner

V/s.

Japfa Oberoi Agro Ltd. & Anr. ...Respondents

Mr.Ganesh Gole for Petitioner.

Mr.M.S. Mohite for Respondent No.1.

Mr.D.P. Adsule, A.P.P. for State.

CORAM : A.S. AGUIAR, J.

CORAM : A.S. AGUIAR, J.

CORAM : A.S. AGUIAR, J.

DATED : SEPTEMBER 2, 2004.

DATED : SEPTEMBER 2, 2004.

DATED : SEPTEMBER 2, 2004.

P.C. :-

P.C. :-

P.C. :-

1. Heard learned Advocates for the parties. Rule.

By consent, Rule made returnable forthwith.

2. The petitioner seeks quashing of the order dated

16th October, 2003 passed by the 5th Additional Sessions

Judge, Pune, partly allowing the application of the

petitioner to summon and examine the complainant and

thereafter, permit the petitioner to cross-examine the

complainant. The impugned order dated 16th October,

2003 only allows the petitioner-accused to cross-examine

the complainant and not for examination-in-chief.

3. The attention of this Court is drawn to Section

- 2 -

145 of the Negotiable Instrument Act, 1881. Clause 2 of

the said Section cast an obligation on the court to

summon and cross-examine any person giving evidence on

affidavit as to the facts contained therein on an

application made either by the prosecution or the

accused. Petitioner herein is an accused and desires

that the complainant be examined in Court and thereafter

cross-examined.

4. However, learned Advocate for the respondent

objects to the application as the only ground stated in

the application by the accused/petitioner for summoning

the complainant for recording his evidence is that the

affidavit of evidence is vague. However, it is

contended by the learned Advocate for the petitioner

that a perusal of the said affidavit shows that there is

nothing vague in the said affidavit and therefore, there

is no need for the complainant to be called for the

purpose of recording his examination-in-chief. The

affidavit filed is sufficient and this in keeping with

the spirit of the amendment which is to expedite the

hearing and disposal of cases under Section 138 of the

- 3 -

Negotiable Instrument Act.

5. Be that as it may. Sub-section 1 of 145 of the

N.I. Act makes it obligatory on the courts to summon

and examine the complainant on the application made by

the accused. In view thereof, petition allowed.

5. Learned J.M.F.C., Pune, is directed to summon

the complainant and record his examination-in-chief and

thereafter, permit the accused-petitioner to

cross-examine the complainant. The trial to be

concluded within three months from the date of receipt

of writ of this Order.

. With the above order, Rule made absolute.

Petition to stand disposed of.

(A.S. AGUIAR, J.)

(A.S. AGUIAR, J.)

(A.S. AGUIAR, J.)