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TMI Blog2020 (9) TMI 103X X X X Extracts X X X X X X X X Extracts X X X X ..... to the respondent/accused for cross-examination of the complainant. This court is of the view that the trial court has not committed any error in allowing the application under Section 145(2) of N.I. Act to permit the respondent/accused for recalling the complainant for his cross-examination, hence, there is reason available to interfere with the impugned order - Petition dismissed. - M. Cr. C. No. 52676/2019 - - - Dated:- 14-1-2020 - S. K. Awasthi , J . Ms. Sapna Lunkad, learned counsel for the applicant ORDER The applicant has preferred this petition under Section 482 of Cr.P.C. against the order dated 16.10.2019 passed Judicial Magistrate First Class, Indore in Criminal Case No.1634/2019 whereby the application fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... trial court has committed error in allowing the application of the respondent/accused to cross-examine the complainant because he did not disclosed his defence and the reasons in the application that why he want to cross-examine the complainant. She also relied judgment of Supreme Court in the case of Indian Bank Association and others Vs. Union of India and others 2014 (2) DCR 209 and Delhi High Court passed in Crl. M.C.No.1996/2010 Crl. M.A.No.7672/2010 (Rajesh Agrawal Vs. State Anr.) in support of her contention and prays for setting aside the impugned order. (5). Having heard learned counsel for the parties and perused the record. (6). From perusal of the impugned order, it does not appear that the learned Magistrate tried th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... decided in paras 38 and 39 which read as under: 38. Sub-section (1) of Section 145 gives complete freedom to the complainant either to give his evidence by way of affidavit or by way of oral evidence. If this- is made on affidavit, the same has to be accepted and such affidavit is required to be kept on record by the Court. The second part of Sub-section (1) provides that the complainant may give his evidence on affidavit and may, subject to all just exceptions, be read in evidence in any enquiry, trial or other proceeding. Thus, it is clear that once the evidence of the complainant is given on affidavit, it may be read in evidence in any enquiry, trial or other proceeding, and it may be subject to all just exceptions. 39. We a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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