All India Vijaya Bank Officers ... vs Union Of India (Uoi) And Ors. on 19 November, 2001
In Indian Bank Association case (supra), Hon'ble Supreme
Court has given the directions which are to be followed by the trial Courts
while trying matters u/s 138 NI Act and the directions are in para 20 of the
judgment. Direction (4) provides that after framing of the notice u/s 251 Cr.
PC to enable the accused to enter his plea of defence, the case should be
fixed for defence evidence unless an application u/s 145 (2) NI Act is moved
for recalling a witness for crossexamination. In the same judgment, Hon'ble
Supreme Court has also observed in para 18 that the power u/s 145 (2) NI Act
can be exercised by the trial Court on an application of the accused or suo
moto. Here we are not concerned with suomoto exercise of the power by
Learned Trial Court. If the petitioner wanted to crossexamine the
complainant/respondent, the application u/s 145 (2) NI Act had to be moved.
Admittedly, the application was not moved when the notice u/s 251 Cr. PC
was framed.