Gayadhar Rout vs. State Of Odisha
Original PDF →No AI summary yet for this judgment.
Cause title — parties, addresses and appearances
ORDER 03.05.2023
1. This matter is taken up through hybrid arrangement (virtual/physical) mode.
The Petitioner, by filing this Revision, has called in question the legality and propriety of the order dated 27.02.2023 passed by the learned JMFC, Pattamundai in 1CC Case No.05 of 2022. 3. Heard learned counsel for the Petitioner. Perused the impugned order.
The Petitioner being the complainant, has set the law into motion by filing the complaint alleging commission of offence under section 138 of the Negotiable Instrument Act as against the Opposite Party No.2 (accused). In course of hearing, the Petitioner filed an application for his further examination so as to prove certain documents whose existence were challenged during his cross-examination. The Trial Court has rejected the
// 2 //
said application on the grounds that the move was to protract the trial and the Petitioner having all the opportunity to do so on similar occasion and that it was to patch up lacuna brought out during cross-examination. The document sought to be proved is to show that Maheswari Garments is a proprietorship concern and proprietor is the Petitioner and that has also been registered under the GST Act and assigned with TIN No. In the considered opinion of this Court, the grounds set out for rejecting the application are wholly unsustainable. In that view of the matter, the impugned order in my considered view suffers from the vice of illegality and is accordingly set aside. This Revision since is disposed of in the absence of Opposite Party No.2, liberty is given to the Opposite Party No.2 to approach this Court in case he feels so aggrieved by this order for recall of the same and hearing of this Revision afresh on merit in his presence.
The CRLREV stands disposed of.
(D.Dash)
Judge
Gitanjali GITANJAL I NAYAK GITANJALI NAYAK Date: 2023.05.04 17:57:39 +05'30'
Reproduced from the public record of the Orissa High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.