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2017 (3) TMI 208 - HC - Indian LawsDshonour of cheque - invoke inherent powers of this Court under Section 482 Cr.P.C - Held that:- The cross-examination to the respondent/complainant(CW 1) on the point of asking for the production of the ITRs though not relevant directly but the learned Metropolitan Magistrate since directed the respondent/complainant to produce the ITRs for the period 2005-2006 to 2011-2012 was made under Section 91 Cr.P.C. and further cross-examination has to be based on its relevancy part only. Here, it is not out of place to mention that the petitioner/accused does not have liberty to further cross-examine the respondent/complainant(witness CW 1) to frustrate the entire objective of the summary trial or harass the respondent/complainant. The contention of the learned counsel for the petitioner that the learned ADJ vide impugned order dated 23.08.2014 has curtailed the scope of further cross-examination is not convincing and cannot be accepted as the petitioner/accused cannot be allowed to further cross-examine the respondent/complainant(witness CW 1) on irrelevant aspects which are not directly relevant for the purpose of determination of the offence committed. The direction given by the learned Metropolitan Magistrate vide order dated 24.05.2014 to the respondent/complainant is an intermediate order passed under Section 91 Cr.P.C. which is in the form of a final order for the purpose of giving the direction for production of the ITRs is concerned. Therefore, the order dated 24.05.2014 is a revisionable order under Section 397 Cr.P.C. and the argument of the learned counsel for the petitioner that the abovementioned order passed by the learned Metropolitan Magistrate is an interlocutory order which is hit by Section 397(2) Cr.P.C. fails. As discussed above find no merit in the contentions of the learned counsel for the petitioner as well as the judgments relied by him are not helpful in the facts and circumstances of the present case as there is no specific material available on record to invoke inherent powers of this Court under Section 482 Cr.P.C.
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