Interim Order 1

Order Details: Order
Pdf Text: 1 C. C. No.763/SS/2018
Exh.46
ORDER BELOW EXH.46
Read the application and say of accused given on
overleaf of application. Heard both sides. Perused record.
2. Perusal of record shows that the complainant has filed
his affidavit of examination-in-chief at Exh.9 and even additional
affidavit Exh.25. Thereafter, the complainant is cross-examined on
01/12/2025. Thereafter, the statement of accused under Section
313 of the Code of Criminal Procedure came to be recorded on
15/12/2025. Prior to that on 01/12/2025 itself the complainant
had closed his evidence by pursis Exh.39. Record further shows
that even the complainant has filed his written notes of arguments
at Exh.42 and the matter was orally argued by the accused, before
my learned predecessor.
3. Thereafter, by filing this application the complainant
has contended that for want of examining the concerned Manager/
authorized officer of Canara Bank i.e. the erstwhile Syndicate
Bank, as the cheque return memo dated 29/12/2017 has not been
exhibited. However, said document is material piece of evidence
and is required to be proved and admitted in evidence.
4. The accused has raised mere objection that the
complainant has filed this application after closing the case for
judgment and with an intention to fill up lacuna.
5. However, careful perusal of the record shows that by
virtue of additional affidavit, the complainant has placed on record
a letter at Exh.30 which shows that the cheque return memo dated
29/12/2017 issued by Syndicate Bank in respect of disputed
cheque has been confirmed by the Canara Bank. However, the
cheque return memo dated 29/12/2017 is not marked as exhibit
as it does not bear the seal and signature of the concerned bank.
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2 C. C. No.763/SS/2018
Exh.46
6. It is needless to mention here that while looking at
the nature of the offence under Section 138 of the N.I. Act, it being
a technical offence, the complainant is required to duly comply
with various technicalities. From the record, it appears that the
complainant has already contended and placed on record relevant
documents in order to substantiate his contention that he has duly
complied with all the technicalities. Even, it appears from record
that the accused is well aware of this fact apparent from the
record. In such circumstances, even if the witness from the
concerned bank will be called and examined, it will not be
prejudicial to the rights of accused nor any new case will be
introduced and apart from this, the accused will get every
opportunity of cross-examining said witness.
7. It is also essential to mention here that in order to
adjudicate the matter on merits and impart complete justice,
examining the bank witness is definitely helpful. No doubt some
inconvenience is caused to the accused, however, it can very well
be compensated in terms of costs. Considering all these aspects,
the application deserves to be allowed. Hence, following order :
ORDER
1 Application is allowed subject to costs of Rs.3,000/-
(Rs. Three Thousand Only) to be paid to the accused
on or before next date.
2 Issue witness summons to the concerned witness as
prayed in this application.
Date : 22/07/2026
D. P. Kasat
Judicial Magistrate, First Class
63rd Court, Andheri, Mumbai.
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