2016 (9) TMI 921

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.... 1. The petitioner filed three complaint cases being CC Nos. 2206/2001, 2207/2001 and 2144/2001 against the respondent under Section 138 Negotiable Instruments Act ('NI Act') in the year 2001. After the evidence by way of affidavit of the authorized representative and its witnesses was filed by the petitioner and witnesses examined, learned Metropolitan Magistrate issued summons in the three com....

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....hom case is made out. Step II : If the accused appears, the MM shall ask him to furnish bail bond to ensure his appearance during trial and ask him to take notice under Section 251 Cr.P.C. and enter his plea of defence and fix the case for defence evidence, unless an application is made by an accused under Section 145(2) of N.I. Act for recalling a witness for cross examination on plea of defen....

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....st of the petitioner was turned down by the learned Trial Court in the above-noted three complaint cases as under:- "The Ld. Counsel for the Complainant has relied upon the law laid down in the case of Rajesh Aggarwal Vs. State whereby procedure for summary trial is laid down by the Hon'ble High Court of Delhi and has demanded that the complainant be recalled for cross-examination only after an....

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....rocedure laid down therein. The law laid down therein is not to be effected retrospectively. Hence, the accused may cross examine the complainant in pursuance of earlier orders. Put up for cross examination of the complainant on 30.05.11." 4. A perusal of the decision in Rajesh Agarwal (supra) itself shows that this Court was of the view that the trial under Section 138 NI Act cannot be c....