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TMI Blog2017 (3) TMI 208X X X X Extracts X X X X X X X X Extracts X X X X ..... e purpose of determination of the offence committed. The direction given by the learned Metropolitan Magistrate vide order dated 24.05.2014 to the respondent/complainant is an intermediate order passed under Section 91 Cr.P.C. which is in the form of a final order for the purpose of giving the direction for production of the ITRs is concerned. Therefore, the order dated 24.05.2014 is a revisionable order under Section 397 Cr.P.C. and the argument of the learned counsel for the petitioner that the abovementioned order passed by the learned Metropolitan Magistrate is an interlocutory order which is hit by Section 397(2) Cr.P.C. fails. As discussed above find no merit in the contentions of the learned counsel for the petitioner as well as the judgments relied by him are not helpful in the facts and circumstances of the present case as there is no specific material available on record to invoke inherent powers of this Court under Section 482 Cr.P.C. - CRL.M.C. 4230/2014 - - - Dated:- 2-3-2017 - I.S. MEHTA, J. Petitioner Through: Mr. R.S. Chauhan, Advocate with Mr. Varun Nischal, Advocate. Respondent Through: Mr. Anand Prakash, Advocate. MR. I.S. MEHT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al Judge-II, CBI Rohini Courts, Delhi passed the impugned order wherein the learned ASJ allowed the revision petition by setting aside the order dated 24.05.2014 with the appropriate direction to the learned MM to afford further opportunity for cross-examination to the petitioner/accused in which the learned MM would allow only those relevant questions confined to repayment of the loan by the petitioner/accused. Hence the present petition. 7. The learned counsel for the petitioner has submitted that the respondent/complainant had filed a complaint under Section 138 N.I. Act and when the respondent/complainant was in the witness box, the petitioner had cross examined the witness pertaining to the income tax records to which the respondent/complainant was unable to explain for want of document of income tax records and the Court below granted permission to the petitioner to put the question and directed the respondent/complainant to produce the income tax records on the next date of hearing vide order dated 24.05.2014. 8. The learned counsel for the petitioner has further submitted that the said order dated 24.05.2014 passed in favour of the petitioner was challenged b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... para of the said order is reproduced as under: ...Accordingly, the revision petition is allowed with the direction to Metropolitan Magistrate to afford further opportunity for cross examination to the accused in which the Magistrate would allow only those relevant questions confined to repayment of the loan by the accused... 15. The defence taken by the petitioner under Section 251 Cr.P.C. is reproduced as under: IN THE COURT OF SH. SHEFALI BARNALA TANDON, MM, ROHINI, DELHI CC No.: 1555/12 Sunil Mittal Vs Dalip Kumar NOTICE OF ACCUSATION u/s. 251 Cr.P.C I, Shefali Barnala Tandon, MM Rohini, Courts, Delhi do hereby serve notice upon you accused Dalip Kumar s/o Shri Iqbal Chand, Partner M/s. Vikas Properties, 96, Priyadarshni Vihar, (near Kalyan Vihar), Delhi-09 as under: That you in discharge of your legal liabilities/financial obligations had given cheques bearing No. 562546 dated 12.06.2012, 562547 dated 5.6.2012, 450359 dated 26.6.2012, 450360 dated 3.7.2012 for ₹ 25,00,000/- each and all drawn on HDFC Bank Ltd., B-3/2 Ashok Vihar, Phase-II Delhi and 014868 dated 31.5.2012 for ₹ 25 lacs and 014867 dated 29.5.2012 for ₹ 18,00,000/- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rse of an action or as a preliminary to coming to trial. As per Webster's Third International Dictionary, the expression interlocutory has been defined as: not final or definite; made or done during the progress of an action; intermediate, provisional . 17. In ordinary parlance an interlocutory order is an order which is made during the progress of a cause upon some incidental matter which arises out of the proceedings. It is made during the pendency of an action which does not dispose of the case but leaves it for further action by the Court in order to settle and determine the entire controversy. It only decides a particular aspect or a particular issue or a particular matter in a proceeding, suit or trial but does not however conclude the trial at all. 18. The Apex Court in the case Amar Nath vs. State of Haryana; AIR 1977 SC 2185 has observed: ...It seems to us that the term interlocutory order in Section 397(2) of the 1973 Code has been used in a restricted sense and not in any broad or artistic sense. It merely denotes orders of a purely interim or temporary nature which do not decide or touch the important rights or the liabilities of the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 24. Instant is a petition where a complaint was filed under Section 138 NI Act against the petitioner. The petitioner in his defence in the notice under Section 251 Cr.P.C. has stated that the cheques in question were issued by him and he had repaid the loan amount through cheques and cash and has receipts of the same therefore, he does not owe any liability against the respondent/complainant and the respondent/complainant had misused his cheques and he had issued a legal notice dated 14.07.2012 to the respondent/complainant and thereafter the respondent/complainant represented the cheques which were dishonoured. 25. The cross-examination to the respondent/complainant(CW 1) on the point of asking for the production of the ITRs though not relevant directly but the learned Metropolitan Magistrate since directed the respondent/complainant to produce the ITRs for the period 2005-2006 to 2011-2012 was made under Section 91 Cr.P.C. and further cross-examination has to be based on its relevancy part only. 26. Here, it is not out of place to mention that the petitioner/accused does not have liberty to further cross-examine the respondent/complainant(witness CW 1) to frustrate ..... X X X X Extracts X X X X X X X X Extracts X X X X
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