JUDGEMENT
SANDEEP SHARMA, J. -
(1.)Being aggrieved and dissatisfied with the order dtd. 7/1/2019 passed by learned Additional Chief Judicial Magistrate, Court No.1, Amb, District Una, H.P., whereby an application under Sec. 145(2) of the Negotiable Instruments Act, seeking therein permission to cross-examine the complainant and his witnesses, preferred on behalf of the petitioner-accused, came to be dismissed, petitioner-accused has approached this Court in the instant proceedings filed under Sec. 482 Cr.P.C. read with Article 227 of the Constitution of India, praying therein to set-aside the aforesaid order and grant one opportunity to cross-examine the complainant and his other witnesses adduced in support of the averments contained in the complaint.
(2.)Precisely, the facts as emerge from the record are that the respondent (hereinafter referred to as the 'complainant') instituted a complaint under Sec. 138 of the Negotiable Instruments Act (for short Act) in the Court of learned Additional Chief Judicial Magistrate, Court No.1, Amb, District Una, H.P., alleging therein that petitioner-accused (hereinafter referred to as 'accused') issued cheque amounting to Rs.90,000.00 in favour of the complainant towards discharge of his lawful liability. However, fact remains that aforesaid cheque on its presentation was dishonoured on account of insufficient funds in the account of the accused. Since, despite having received legal notice, accused failed to make the payment good within the time stipulated in the legal notice, complainant was compelled to initiate proceedings under Sec. 138 of the Act, in the competent court of law in the year 2014, but accused could be only served in the year 2016, whereafter matter repeatedly came to be adjourned on the request of accused for exploring the possibility, if any, of compromise interse him and the complainant. Subsequently, on 7/1/2019, accused preferred an application under Sec. 145(2) of the Act, seeking therein permission to cross-examine the complainant and his witnesses, but trial Court having taken note of the fact that repeatedly matter came to be delayed by the accused, dismissed the application and posted the matter for DWs 23/2/2019. In the aforesaid background, petitioner-accused has approached this Court in the instant proceedings.
(3.)I have heard learned counsel representing the parties and perused the material available on record.
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