The Delhi High Court was dealing with a petition filed u/s. 482 of CrPC by the accused in a cheque bounce case for invocation of extraordinary jurisdiction of the High Court to recall the complainant’s witness for cross-examination.
The facts of the case were that petitioner had purchased goods from the Complainant/ Respondent and part-payment was made. For remaining amount cheque was issued which got bounced. Complaint u/s. 138 of NI Act was filed and the accused raised objections over the amount due from him. In order to support his contention, he requested re-calling of the complainant witness by filing an application under Section 311 of CrPC which got dismissed. Thus, the accused/petitioner moved the High Court under Section 482 of CrPC.
The High Court noted that the Additional Chief Metropolitan Magistrate had given numerous opportunities to file an application under Section 145 (2) of the Negotiable Instruments Act for summoning and examining any person before closing his evidence. Hence, the application u/s. 311 was dismissed by the ACMM.
The bench closely reflected upon the language of the Section 482 CrPC which unambiguously states that the inherent powers of the High Court are meant to be exercised
- to give effect to any order under the Code
- to prevent abuse of the process of any Court; or
- to secure the ends of justice.
The bench held that the petitioner had failed to establish any illegality/error in the impugned order passed by the lower court. Hence, no case was made out for exercising the extraordinary jurisdiction under Section 482 of the CrPC. Accordingly, the petition was dismissed.
Case Title: Sh. Satish Kumar v. M/S Anshika Polysurf
Bench: Justice Chandra Dhari Singh
Date: 1st February 2022
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