9911796707
TMI Blog2025 (4) TMI 2X X X X Extracts X X X X X X X X Extracts X X X X ..... du) before the Learned Court of ACJM Bidhannagar. 2. Facts of the case in a nutshell is that the complainant/petitioner, M/S Godrej Agrovet limited, having its registered office at Firoz Shah Nagar, Eastern Expressway, Vikhroli East, Mumbai being represented by Mr. Anupam Chakraborty, the senior legal officer duly empowered and authorized by virtue of power of attorney had filed his revisional application on behalf of the complainant company. The opposite party number 1 being the accused is a distributor of the complainant/petitioner company, who deals with various Agro products of the complainant company. In course of business company and the opposite party number 1, the opposite party number 1 incurred a monitory liability and for discha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... diately before the learned court. 6. After that the opposite party number 1/accused person entered appearance and prayed for bail.The said case was fixed on December 21, 2012 under section 251 of the Code of Criminal Procedure and the opposite party number on1/accused person pleaded, "not guilty." The learned court fixed the date for evidence on 2013, but due to some unforeseen reason, the complainant company filed the affidavit in chief on September 3, 2014. 7. The further case of the petitioner is that the learned court was pleased to return the petition being number C - 244 of 2012 to the petitioner in view of the decision of the Hon'ble Apex court in Dasharath Roop Singh Rathore versus state of Maharashtra (2014)9 SCC,129 with liberty ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the learned advocate that because of the said impugned order the petitioner /Complainant has become remedy less for no fault on the part of the complainant company . According to the learned advocate, in view of the judgement of the Hon'ble Apex court, the learned court of Bidhannagar ought to have taken of the matter for hearing as the accused person appeared on receiving summon and pleaded not guilty. Furthermore no such reason was assigned as to why the Learned court arrived at such conclusion that the stage has not come to section 145 (2) of Negotiable Instrument Act, 2013. 11. From the above factual backdrop, it is evident that the parties had a business relation and the accused incurred a monetary liability for which he issued on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CrPc to enable him to enter his plea of defence and fix the case for defence evidence, only when the application is made by the accused under section 145 (2) of the Act for recording a witness for cross examination." 14. In the instant case, the matter was fixed on December 12, 2012, and the accused person appeared before the court and pleaded "not guilty" It is pertinent to mention herein that the Hon'ble Supreme Court in Dasharath Roop Singh Rathore case (supra) considering the magnitude of the impact of the judgement will have, observed: "We are quite alive to the magnitude of the impact that the present decision shall have to possibly lack of cases pending in various quotes spanning across the country. One approach could be to decla ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he complainant for filing in the comp complaints are filed/refilled within 30 days of their return, they shall be deemed to have been filed within the time prescribed by law, unless the initial or prior filing was itself time barred." 15. "It was further categorically laid down that in those cases only where post the summoning and appearance of the accused, the recording of evidence has envisaged in Section 145(2) of negotiable instrument act 1881 will continue at that place". 16. This amply clarify the position that merely leading of evidence at the pre summoning stage will not exclude the applicability of the decision of the Hon'ble Apex Court but only after recording of evidence at the post summoning stage had commenced, when the proc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ision of the Hon'ble apex court in Indian bank Association and others v union of India and others, (2014) 5 SCC 590 it was observed that Section 145 of the N.I Act is a rule of procedure which lays down the manner in which the evidence of the complainant may be recorded, and once the court issued summons and the presence of the accused is secured, an option be given to the accused, whether at that stage he would be willing to pay the amount due along with reasonable interest and if the accused is not willing to pay, the Court may fix up the case at an early date and ensure day-to-day trial. Section 145 of the Negotiable Instrument Act lays down the procedure of giving evidence as such this section is more of a procedural law and not a subst ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
