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Bombay High Court

PRAVESH SINGH @ SINH S/O PAHALAD SINGHversusVANDANA L LANDGE AND ANR

Decided
Disposal
Allowed

Holding

The impugned order rejecting the application under Section 145(2) of the Negotiable Instruments Act is quashed and set aside as it was passed without proper consideration and in violation of procedural fairness.

Summary

The petitioner challenged a Metropolitan Magistrate's order dated 9 June 2025 that rejected his application to cross‑examine the complainant under Section 145(2) of the Negotiable Instruments Act. He contended that the order was passed without considering that the accused’s evidence affidavit was served after the case had been adjourned for defence evidence and that the application lacked detailed reasons. The court examined the record, noting a dispute over whether a "No Cross Order" had been issued on 20 June 2024 and that the magistrate had not entertained the petitioner’s affidavit. Finding the order procedurally defective and violative of natural justice, the court quashed it, imposed a modest cost on the petitioner, and allowed him to file a fresh affidavit within three weeks. The trial court was directed to rehear the application on Exhibit‑24, with the merits of the cross‑examination request kept open.

Issues considered

  • Whether the Metropolitan Magistrate erred in rejecting the application for cross‑examination under Section 145(2) of the Negotiable Instruments Act without proper consideration of the accused’s evidence affidavit.
  • Whether the order was passed in violation of principles of natural justice and procedural fairness.

Legislation cited

Subjects

  • Section 145 NI Act
  • cross-examination
  • witness recall
  • procedural fairness
  • natural justice
  • criminal appellate jurisdiction
  • writ petition

Judgment

                                                     922-WP-28-2026.DOC




          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
              CRIMINAL WRIT PETITION NO.28 OF 2026


Pravesh Singh @ Sinh S/o. Pahalad Singh              …Petitioner
      Versus
Vandana L. Landge & Anr.                             …Respondents


Ms. Shikha Dubey a/w. Ms. Pulkeshi Gaikwad and Ms. Kanishka
Sharma i/b. Dinesh D. Tiwari & Associates, for the Petitioner.
Mr. Sarang Gundajwar (through Video Conferencing) i/b. Mr. R. G.
Panchal, for Respondent No.1.
Mr. S. S. Ghag, APP, for Respondent No.2-State.


                       CORAM:      MADHAV J. JAMDAR, J.
                       DATED :     10th SEPTEMBER 2026
PC:-


1.       Heard Ms. Dubey, learned Counsel appearing for the

Petitioner,   Mr.   Gundajwar,   learned   Counsel    appearing    for

Respondent No.1 and Mr. Ghag, learned Counsel appearing for

Respondent No.2.



2.       By this Writ Petition, the challenge is to the legality and

validity of the order dated 9th June 2025 passed by the learned

Metropolitan Magistrate, 14th Court, Girgaon, Mumbai, below

Exhibit-24 in C.C. No.630/SS/2020. By the impugned order, the




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application filed by the Petitioner seeking permission to cross-

examine the Complainant vide Section 145(2) of the Negotiable

Instruments Act 1881 (“NI Act”) has been rejected.



3.       Perusal of the record shows that on 20 th June 2024, the

matter is adjourned for evidence of defence. However, a copy of

the evidence affidavit filed by the accused on 20 th June 2024 has

been served on learned Counsel appearing for the accused on 30 th

June 2024.



4.       It is the submission of learned Counsel appearing for the

Petitioner that on 20th June 2024 itself, “No Cross Order” has been

passed. However, learned Counsel appearing for Respondent No.1

submits that no such order has been passed.



5.       However, perusal of the roznama dated 20 th June 2024

shows that the matter was kept for defence evidence. In any case,

the impugned order was passed without considering the aspect

that the evidence affidavit of the accused has been served on the

Petitioner on 30th June 2024 and prior to which, on 20 th June

2024, the matter had already been adjourned for the defence




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evidence. However, there is substance in the contention raised by

learned Counsel appearing for Respondent No.1 that in the

application seeking to recall the witness, no detail reasons are set

out.



6.       Learned Counsel appearing for the Petitioner submits that

the said reasons are set out in the Petition. However, in the

application, the reasons are set out.



7.       Accordingly, the Writ Petition is disposed of by passing the

following order:



                                ORDER



         (a)   The impugned order dated 9th June 2025 passed by

               the learned Metropolitan Magistrate, 14th Court,

               Girgaon,   Mumbai,       below    Exhibit-24   in   C.C.

               No.630/SS/2020 is quashed and set aside, on the

               condition that, the Petitioner pays an amount of

               Rs.5,000/- to the Respondent No.1 as cost within a

               period of two weeks from today.




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                        (b)   The Petitioner is permitted to file an additional

                              affidavit in support of application bearing Exhibit-24

                              filed under Section 145(2) of the NI Act seeking to

                              recall the witness. Such additional affidavit be filed

                              within a period of three weeks from today.



                        (c)   Learned Trial Court shall pass a fresh order on Exhibit-

                              24 filed in C.C. No.630/SS/2020 after granting

                              opportunity of hearing to both the parties.



               8.       It is clarified that contentions on merits with respect to the

               said application bearing Exhibit-24 are expressly kept open.



               9.       Accordingly, the Writ Petition is disposed of in above terms.




                                                            [MADHAV J. JAMDAR, J.]


       Digitally
       signed by
       SONALI
SONALI MILIND
MILIND PATIL
PATIL Date:
       2026.09.11
       14:18:46
       +0530




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