High Court rejected petition to quash an order allowing complainant's cross-examination in cheque-bounce case. Directed trial court to fix date for mutual cross-examination.
Trial court directed to fix case for cross-examination on 23.08.2023; accused to cross-examine complainant or complainant witness discharged.
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Cr. M.P. No.26 of 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.26 of 2023
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Md. Irfan Khan @ Irfan Khan, aged about 55 years S/o Md. Muzaffar Hussain, Resident of Manitola, P.O. & P.S. Doranda, District- Ranchi, PIN-834002 … Petitioner
Versus
… Opposite Parties
For the Petitioner : Mr. Md. Imteyaz Asraf, Advocate Mr. S. B. Gupta, Advocate For the State : Mr. Abhay Kr. Tiwari, Addl. P.P. For the O.P. No.2 : Mr. Arun Kumar, Advocate Ms. Anupama Kumari, Advocate ------
P R E S E N T
HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
By the Court:- Heard the parties.
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Cr. M.P. No.26 of 2023
2
Cr. M.P. No.26 of 2023
submitted that the said order is illegal order. Hence, it is submitted that the order dated 23.09.2022 passed by learned Judicial Magistrate-XXVIII, Ranchi in M.C.A. No.4937 of 2022 arising out of Complaint Case No.1782 of 2013, be quashed and set aside.
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Cr. M.P. No.26 of 2023
No.4937 of 2022 arising out of Complaint Case No.1782 of 2013 and the learned trial court is directed to fix the case on 23.08.2023. On that date the complainant and the petitioner/accused person both be directed by the trial court to remain present in court and the accused person be asked to cross-examine complainant/opposite party No.2/C.W.1 and if on that date the accused person fails to do the same, the C.W.1 will be discharged as a witness and if for any reason the C.W.1 fails to appear in court on 23.08.2023, the learned trial court will give one more chance to the complainant to make him physically present before it for his cross-examination by the petitioner/accused and if even on the
second date fixed if the complainant fails to appear for his cross-examination then the learned trial court is directed to pass appropriate orders.
High Court of Jharkhand, Ranchi Dated the 02nd of August, 2023 AFR/ Animesh
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2 issues framed by the court
Whether Section 482 Cr.P.C. can be invoked to quash an order allowing cross-examination of a complainant in a cheque-bounce case.
Whether sufficient opportunity was given to the accused for cross-examination prior to granting the complainant's application.
3 provisions across 2 enactments
Md. Irfan Khan @ Irfan Khan
The State of Jharkhand
Chandrasen Singh
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court