Ram Prasad Kurre vs Agas Bai Kurre

This Petition has been filed under Section 482 of Cr.P.C. for challenging the order dated 30.12.2022 passed by the Sessions Judge, Janjgir, District Janjgir-Champa in Criminal Revision No.49/2022 upholding the order dated 14.10.2022 passed by the JMFC, Janjgir in Criminal Case No.91/2021 whereby, the application under Section 311 Cr.P.C preferred by the Petitioner was dismissed.

Brief facts of the case are that the Petitioner and the Respondent are husband and wife and in the year 2019, the Respondent/wife had filed an application under Section 125 Cr.P.C before the Family Court, Janjgir for grant of maintenance in which, a settlement took place and a cheque amounting to Rs. 16 lacs was given to the Respondent/wife, which was dishonoured, therefore, a complaint case under Section 138 of the Negotiable Instruments Act was filed. Thereafter, the Petitioner had moved an application under Section 311 Cr.P.C alleging that as the earlier Counsel has not properly cross-examined the Complainant’s witness, therefore for proper defence, an opportunity for re-cross-examination may be allowed to him, but the said application was dismissed. Hence this Petition.

Shri Shriwas submits that orders of both the Courts below are bad in law and at least one opportunity ought to have been given to the Petitioner for re-cross-examination of the Complainant. He further submits on instructions that he is willing to pay the cost, therefore, he may be given an opportunity for recalling the Complainant’s witness for examination.

I have heard learned counsel for the Petitioner and perused the documents annexed herewith carefully.

Having considered the submissions made above, further considering that the dispute is between the husband and wife and also considering that though the maintenance was fixed to the tune of Rs.6,000/- per month but as per the settlement arrived at between the parties, a cheque of Rs.16 lacs was agreed to be given to the Respondent/wife but the husband had taken the defence that the same was stolen and misused, further considering that the Petitioner has changed his Counsel and the new Counsel has revealed that certain questions have been left behind for cross-examination, therefore, considering all these aspects, this Court directs that the Respondent/Complainant be re-cross-examined upon a payment of cost of Rs.5,000/- payable by the Petitioner within a period of 15 days from the date of passing of this order before the concerned trial Court to be paid to the Complainant after her re-cross-examination failing which, this order shall lose its efficacy. It is further directed that upon compliance of the same, the trial Court shall provide at least one opportunity for re-cross-examination of the Complainant.

With the aforesaid direction, the Petition stands disposed of.