TMI Blog2016 (9) TMI 921X X X X Extracts X X X X X X X X Extracts X X X X ..... t be recalled unless Court of learned Metropolitan Magistrate for reasons, considers it necessary. The guidelines laid down by this Court in Rajesh Agarwal (supra) were obviously prospective in nature and did not lay directions that in all cases where witnesses were under cross-examination, the evidence so recorded be scrapped and de novo trial started after filing an application under Section 145(2) NI Act. - CRL.M.C. 1782/2011 & Crl.M.A. 6406/2011 - - - Dated:- 30-8-2016 - MS. MUKTA GUPTA J. Petitioner Represented by: Mr. Mohit Mathur, Sr. Adv. with Mr. Vishnu Sharma, Adv. MUKTA GUPTA, J. (ORAL) 1. The petitioner filed three complaint cases being CC Nos. 2206/2001, 2207/2001 and 2144/2001 against the responde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Step III : If there is an application under Section 145(2) of N.I. Act for recalling a witness of complainant, the court shall decide the same, otherwise, it shall proceed to take defence evidence on record and allow cross examination of defence witnesses by complainant. Step IV : To hear arguments of both sides. Step V : To pass order/judgment. 2. Based on the decision of this Court in Rajesh Agarwal(supra), learned counsel for the petitioner contended before the learned Trial Court that the witnesses of the complainant be recalled for cross-examination only after application under Section 145(2) NI Act was filed by the respondent disclosing the defence and to see whether cross-examination was required. 3. Vide ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mplainant on 30.05.11. 4. A perusal of the decision in Rajesh Agarwal (supra) itself shows that this Court was of the view that the trial under Section 138 NI Act cannot be carried out like any other summons trial under IPC offences which frustrate the very purpose of summary disposal of these complaints. This Court held that thus in all cases under Section 138 NI Act once evidence is given by way of affidavit at the stage of pre-summoning, the same be read in evidence by the Court at post summoning stage as well and the witnesses need not be recalled unless Court of learned Metropolitan Magistrate for reasons, considers it necessary. 5. The guidelines laid down by this Court in Rajesh Agarwal (supra) were obviously prospective ..... X X X X Extracts X X X X X X X X Extracts X X X X
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