Jayesh Kunjbihari Agrawal v. Janak Ajaysingh Warma

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 682 OF 2023 Jayesh s/o Kunjbihari Agrawal Petitioner

Versus

Janak s/o Ajaysingh Warma Respondent Mr. Zia Ul Mustafa, Advocate for the petitioner. CORAM : R. M. JOSHI, J.

DATE : 23rd OCTOBER, 2023.

PER COURT :

1.

This petition takes exception to the order passed by learned Judicial Magistrate First Class, Aurangabad, rejecting the contention of the petitioner who is the original complainant tot he effect that non-deposit of the interim compensation amount within a period of 60 days as contemplated by Section 143A of Negotiable Instruments Act takes away the right of cross-examination of the complainant by the accused. To support his submissions, he places reliance on judgment of Hon'ble Apex Court in case of Noor Mohammed vs. Khurram Pasha, SCC OnLine SC 956. It is his contention that in the said judgment the Hon'ble Apex Court has directed the accused to deposit the interim compensation amount.

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Perusal of the said judgment does not show that nonpayment/non-deposit of the interim compensation amount will disentitle the accused to cross-examine the complainant. Infact, the Hon'ble Apex Court has held that since the right to cross-examine the respondent was denied to the appellant, the decision rendered by the courts below suffer from an inherent infrmity and illegality. It is thus clear that it is indispensable right of the accused to crossexamine complainant and witnesses. The said right cannot be curtailed for non-payment/non-deposit of the interim compensation amount by the petitioner herein. This Court, therefore, fnds no substance in the petition. Hence, petition is dismissed. ( R. M. JOSHI) Judge dyb