Ms Pande Iron Trading Company through Its Partner Pankaj Trilokchand Pande v. Nasiruddin Mohamadali Lakhani and Another
Case brief
What is this about?
Section 311 CrPC application - order thereon is interlocutory, not final adjudication; revision barred under Section 397(2) CrPC; Setu Raman v. Rajamanikam 2009 AIR SCW 2066 relied on; Himanshu Sharma v. State of Madhya Pradesh (28.02.2024) and Maria Margardia Sieueria Farnandes v. Erasmo Jack de Sequeria AIR 2012 SC 1227 distinguished as not applicable; complainant's prerogative to examine or not examine a witness despite filed evidence affidavit; no party can compel the adverse party to call a particular witness; discarding of evidence affidavit by pursis; examination-in-chief cannot be read in evidence where witness's presence cannot be secured; accused cannot recall or compel cross-examination of discarded witness; s.138 NI Act complaints - TMT steel bars Rs. 32,08,653 on credit, cheques dishonoured by stop-payment; SCC Nos. 3107/2014 and 3108/2014; CRA Nos. 286/2023 and 296/2023; Criminal Writ Petitions Nos. 117 and 118 of 2025; earlier order dated 28.06.2023 (R.M. Joshi, J.) in CWP 559/2023 and 560/2023 with Rs. 10,000/- costs per petition; time extension order dated 21.11.2024; Bombay High Court, Aurangabad Bench; single judge Y. G. Khobragade, J.; decided 05.03.2025; petitions allowed, revisional judgment quashed, Magistrate's orders restored.