HC Affirms Closure of Cross-Examination as Petitioner Didn’t File Plea u/s 145 of NI Act in a Cheque Dishonor Trial

  • Blog|News|FEMA & Banking|
  • 2 Min Read
  • By Taxmann
  • |
  • Last Updated on 12 August, 2024

Cheque Dishonor Trial

Case Details: Cassius Infracon (P.) Ltd. v. Cassius Infracon (P.) Ltd. - [2024] 165 taxmann.com 267 (HC-Bombay)

Judiciary and Counsel Details

  • Bharat P. Deshpande, J.
  • Jayant Karn, Adv. for the Petitioner.
  • Parag RaoAjay Menon, Advs. for the Respondent.

Facts of the Case

In the instant case, a memorandum of understanding was executed between the complainant and the petitioner/accused, in which the petitioner agreed to purchase a plot and issued some cheques accordingly.

The cheques were presented for encashment; however, they were returned unpaid. The complainant issued a legal notice demanding the amount mentioned in the cheques. However, no payment was forthcoming.

The complainant filed a complaint under section 138 of the Negotiable Instruments Act, 1881 against the petitioner and a process was issued against the petitioner. The Trial Court vide the impugned order observed that since no application was filed for cross-examination, an opportunity to cross-examine stood closed.

The petitioner filed an application praying to recall the order i.e. closer of cross-examination, however, the said application was rejected by the Trial Court.

High Court Held

The High Court observed that there was no ground to recall order of closing of cross examination as no purpose would be served since there was no application under section 145(2) by petitioner disclosing probable grounds for purpose of cross examination of complainant.

The High Court held that if the accused desires to examine the complainant and his witness, he must file an application to that effect, and accordingly, the Court is required to decide whether to recall witnesses or not. Therefore, no fault could be attributed to the impugned order, and an instant petition was to be dismissed.

Disclaimer: The content/information published on the website is only for general information of the user and shall not be construed as legal advice. While the Taxmann has exercised reasonable efforts to ensure the veracity of information/content published, Taxmann shall be under no liability in any manner whatsoever for incorrect information, if any.

Leave a Reply

Your email address will not be published. Required fields are marked *

Everything on Tax and Corporate Laws of India

To subscribe to our weekly newsletter please log in/register on Taxmann.com

Author: Taxmann

Taxmann Publications has a dedicated in-house Research & Editorial Team. This team consists of a team of Chartered Accountants, Company Secretaries, and Lawyers. This team works under the guidance and supervision of editor-in-chief Mr Rakesh Bhargava.

The Research and Editorial Team is responsible for developing reliable and accurate content for the readers. The team follows the six-sigma approach to achieve the benchmark of zero error in its publications and research platforms. The team ensures that the following publication guidelines are thoroughly followed while developing the content:

  • The statutory material is obtained only from the authorized and reliable sources
  • All the latest developments in the judicial and legislative fields are covered
  • Prepare the analytical write-ups on current, controversial, and important issues to help the readers to understand the concept and its implications
  • Every content published by Taxmann is complete, accurate and lucid
  • All evidence-based statements are supported with proper reference to Section, Circular No., Notification No. or citations
  • The golden rules of grammar, style and consistency are thoroughly followed
  • Font and size that's easy to read and remain consistent across all imprint and digital publications are applied