Full Order Text
Order 1 · 22 Jul 2026 · CNR MHMM190021882018
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. -- 1 of 2 -- 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. -- 2 of 2 --