2020 (8) TMI 375

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....TE JUDGMENT This appeal has been filed by the complainant challenging the order of dismissal passed by the learned Additional Senior Civil Judge and JMFC. Mudhol, in C.C. No.496/2017 dated 29.06.2019. 2. I have heard the learned counsel for the appellant and the learned counsel for the respondent. 3. The factual matrix of the case are that the complainant is an organization duly registered und....

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....fter, the complainant got issued notice. Notice was served on the respondent-accused. He failed to repay the said amount within the stipulated time. As such, a complaint was registered for the offence under Section 138 of the Negotiable Instrument Act. When the matter stood for evidence, the GPA holder of the complainant came to be examined in part and thereafter when the case was posted for cross....

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....e the said case has been posted. If one more opportunity could have been granted, then, under such circumstances, he could lead the evidence. If an opportunity is not given, the complainant will be put to great hardship and as it is a financial institution, it will affect the financial transaction. On these grounds, he prayed to allow the appeal. 5. Per contra, the learned counsel for the accused....

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....o keep PW-1 present for the purpose of cross- examination but without giving any opportunity, though time had been sought by the counsel for the complainant, erroneously, the impugned order has been passed. However, if one more opportunity is given, no prejudice would be caused to the respondent-accused. 8. In the light of the said facts and circumstances of the case, I am of the considered opini....