asj

scope and interpretation of sec.145[2] of N.I.Act=whether the petitioners/accused were not entitled to cross examine the complainant as regard to the entire facts contained in the affidavit of evidence of the complainant or their (petitioners‟) right of such a cross examination of the witness of the affidavit was limited to certain facts or their defences=In view of my above discussion, the impugned orders are modified to the extent that the cross examination of the complainant would not remain limited to the contents of Para 4 and 6 of the applications of the complainant, but shall also extend to the facts in addition to their defences, as may be deemed and essential by the learned Magistrate relevant in the facts and circumstances of the case keeping in view the object and scheme of the Act and particularly, provisions of Sections 139, 143 of the Act and Section 106 of Evidence Act.

Crl.M.Cs.3089/2011 & 3090/2011 Page 1 of 9 * THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 02.01.2012 Pronounced on: 11.01.2012 + CRL.M.C. NO. 3089/2011 M/S. SUKHDATA CHITS PVT. LTD. & ORS. …… Petitioner Through: Mr. Diwan Singh Chauhan, Advocate Versus SHRI RAJENDER PRASAD GUPTA …… Respondent Through: WITH CRL.M.C. NO. 3090/2011 PREM KUMAR … Continue reading →