Nitin Shambhukumar Kasliwal and Ors. v. the State of Maharashtra and Anr.
Case brief
What is this about?
S.138 Negotiable Instruments Act 1881; recall of Complainant PW-1 for cross-examination; rejection of recall application quashed subject to conditions; one final opportunity; default and repeated adjournments over four years; no adjournment condition; costs Rs. 20,000/- condition precedent with recall on default; cross-examination fixed 29th November 2025; Magistrate requested to decide Complaint(s) within six months; prior Sessions Judge order dated 26th August 2021 in Criminal Appeal No. 238 of 2021; High Court of Judicature at Bombay, Criminal Appellate Jurisdiction; Application Nos. 1484 and 1481 of 2024; N. J. Jamadar J.; order dated 7th November 2025.
What did the court decide?
Applications allowed; impugned orders dated 30th July 2024 quashed and set aside subject to conditions: cross-examination of the Complainant (PW-1) on 29th November 2025 without fail (and, if inconclusive, on the next scheduled date); no adjournments for cross-examination of the Complainant or the Complainant's witnesses; payment of total costs of Rs. 20,000/- to the Complainant on or before 27th November 2025 as a condition precedent, failing which the order stands recalled; and a request to the learned Magistrate to decide the Complaint(s) expeditiously, preferably within six months from 29th November 2025. Applications disposed of.