Court No. - 72
Case :- APPLICATION U/S 482 No. - 29100 of 2019 Applicant :- M/S Ajeet Enterprises And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ravi Sahu Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Shri Ravi Sahu, learned counsel for the applicants and learned A.G.A. for the State.
Present application under Section 482, Cr.P.C. has been filed for quashing the order dated 14.5.2019 passed by Additional Court No.IV, Kanpur Nagar in complaint case No.1773 of 2014, under Section 138 of N.I. Act, P.S. Swaroop Nagar, District Kanpur Nagar, whereby the magistrate passed an order closing the opportunity to cross examine P.W.-1 as the applicant failed to comply with the earlier order and even the cost has not been deposited.
It reflects from the record that in a proceeding under Section 138, N.I. Act the application of the applicant under Section 311, Cr.P.C. was allowed on the condition that in case the applicant deposits Rs.1,000/- towards the cost and the earlier cost of Rs.700/- total amounting to Rs.1,700/- on the date fixed i.e. on 14.5.2019, then he is permitted to cross examine P.W.-1. In the order it has also been mentioned that in case the applicant failed to comply with the order, opportunity to cross examine P.W.-1 will automatically come to an end. It is also mentioned that no adjournment will be accepted for the cross examination of P.W.- 1 on 14.5.2019. In spite of that order, the applicant has failed to cross examine P.W.-1, therefore, the impugned order has rightly been passed. The record further reflects that the matter was adjourned subject to payment of cost of Rs.700/-, which has not been paid and even the cost of Rs.1,000/- has also not been paid and on 15.5.2019 at 11.00 a.m. applicant failed to cross examine P.W.-1.
I do not find any illegality or impropriety in the order impugned. The application lacks merit and is, accordingly, dismissed.
Order Date :- 30.7.2019 T. Sinha