Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2022 (8) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (8) TMI 1213 - HC - Indian LawsDishonor of Cheque - insufficiency of funds - trial for an offence under Section 138 of the Negotiable Instruments Act - seeking cross examination of the complainant officer of the bank - service of proper notice on the accused or not - complaint had been filed by a lawful attorney of the bank or not - HELD THAT:- In the present case a perusal of the application and reply filed thereon would clearly establish that the moving of the present application is a delaying tactic on the part of the petitioner/accused. The complaint under Section 138 of the Negotiable Instrument Act is pending since 2016 and has not been decided uptill now. As per the reply, virtually every interim order has been challenged by the petitioner-accused. A number of applications have been filed during the course of proceedings, all of which have delayed the conclusion of trial. In the present application the recall, re-cross examination of the complainant is sought by the petitioner-accused on account of change of counsel. Firstly, the change of counsel is no ground for recall of witness - Even otherwise as per the cross examination of the witnesses concerned, with regard to the service of legal notice it may be mentioned here that as per Annexure P-5 (the cross examination of CW-1 Rajinder Parshad) it is apparent that the question regarding service of notice had been put by the earlier counsel to the witness. Whether the complaint not having been filed by a lawful attorney? - HELD THAT:- The complaint has been filed by a Bank which is a juristic person being a company. A bank/company can deputy any officer of his choice to represent the bank with permission of the Court. The attorney holder Rajinder Parshad was allowed by the court to represent the bank vide order dated 26.07.2017. Once the court had already allowed the application for substitution of the attorney of Rajinder Parshad in place of the previous attorney then the question of complaint not having been filed by a lawful attorney and that question being needed to be put to the witness in re-cross examination does not arise. Apparently the application seems to have been filed with a view to further delay the proceedings. Petition dismissed.
|